IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B.BAJANTHRI CRIMINAL PETITION NO.4920 OF 2019 BETWEEN:
RAKESH.C., S/O CHANDREGOWDA, AGED ABOUT 27 YEARS, # 616, RESIDING AT 10TH CROSS, NAIDU STORE, SRIRAMPURA, 2ND STAGE, MYSURU DISTRICT – 560 004. ...PETITIONER (By Sri RUPESH KUMAR.S., ADVOCATE) AND:
1. STATE OF KARNATAKA, BY KUVEMPUNAGARA POLICE STATION, MYSURU DISTRICT, REPRESENTED BY THE LEARNED STATE PUBLIC PROSECUTOR.
2. KRUTHI.P., D/O T.PUTTAPPA, AGED ABOUT 25 YEARS, RESIDING AT NO.16, 11/B BLOCK, BEML LAYOUT, SRIRAMPURA, 2ND STAGE, MYSURU – 570 008. ...RESPONDENTS (BY SRI VINAYAKA.V.S., HCGP FOR R1; SRI V.R.BALARAJ, ADVOCATE FOR R2) THIS PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE PROCEEDINGS PENDING BEFORE LEARNED JUDGE 1ST ADDITIONAL CIVIL JUDGE (JR.DN.), JMFC COURT, MYSURU IN CR.NO.91 OF 2018 AS PER ANNEXURE-A BEING THE FIR AND ANNEXURE-B BEING THE COMPLAINT FILED BY THE RESPONDENT POLICE.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner has questioned the validity of proceedings pending on the file of the 1st Additional Civil Judge (Jr.Dn.), JMFC Court, Mysuru in Crime No.91 of 2018 pursuant to the FIR dated 05.06.2018 for the offences punishable under Sections 376, 420, 363, 504, 506 and 34 of IPC and complaint.
2. Having regard to the alleged heinous crime under Section 376 of IPC, it is a matter of trial. Hence, petition under Section 482 of Cr.P.C. cannot be entertained. The Hon’ble Supreme Court time and again held that while exercising power under Section 482 of Cr.P.C., Court must be very cautious. Undisputedly, the offence is of heinous one and charge-sheet is already filed. Thus, the petitioner has not made out a case to quash the proceedings in Cr.No.91 of 2018 pending before the 1st Additional Civil Judge (Jr.Dn.), JMFC Court, Mysuru. Accordingly, petition stands dismissed.
At this stage, learned counsel for the petitioner requested to direct the Court below to expedite the proceedings.
Accordingly, the Court below is hereby directed to expedite the proceedings and dispose of the matter, in accordance with law, within a reasonable period of six months from the date of receipt of copy of this order.
Sd/- JUDGE DH