IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 6TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.9312/2016 BETWEEN 1. VEDAMURTHI, S/O SHARMACHARI, AGED ABOUT 58 YEARS, TEACHER, MAGANURU BASAPPA HIGH SCHOOL, BELAVANURU, DAVANGERE TALUK – 577 001 2. HARISH J.B., S/O BASAVARAJAPPA, AGED ABOUT 51 YEARS, TEACHER, MALLIKARJUNA HIGH SCHOOL, SHYGALE, DAVANAGERE TALUK – 577 001 3. KARIYAPPA S.H., S/O HANUMANTHAPPA S., AGED ABOUT 50 YEARS, TEACHER, KARISIDDESHWARA HIGH SCHOOL, SHYGALE DAVANAGERE TALUK – 577 001 4. NAGARAJA B. R., S/O RAMESHAPPA, AGED ABOUT 26 YEARS, DRIVER, KARISIDDESHWARA HIGH SCHOOL, SHYGALE, DAVANAGERE TALUK – 577 001 5. GOVARDHANA, S/O MALLIKARJUNAPPA, AGED ABOUT 47 YEARS, HEAD MASTER, GOVT. HIGH SCHOOL, SHIRAMAGONDANAHALLI, DAVANAGERE TALUK – 577 001 6. PRAKASH, S/O NANJUNDAPPA G. AGED ABOUT 59 YEARS, ’D’ GROUP EMPLOYEE, MAGANURU BASAPPA HIGH SCHOOL, BELAVANURU DAVANAGERE TALUK – 577 001 7. BEERAPPA, S/O K. HANUMANTHAPPA, AGED ABOUT 48 YEARS, TEACHER, GOVT. HIGH SCHOOL, MUDAHADADI VILLAGE, DAVANAGERE TALUK – 577 001 8. AJJAYYA, S/O MEMBER BOARAIAH, AGED ABOUT 42 YEARS, TEACHER, MARUTI HIGH SCHOOL HADADI VILLAGE, DAVANAGERE TALUK – 577 001 9. SMT. GEETHAMMA, W/O T. LINGARAJU, AGED ABOUT 51 YEARS, TEACHER, ANJANEYA HIGH SCHOOL, JARIKATTE VILLAGE, DAVANAGERE TALUK – 577 001 ... PETITIONERS (BY SRI. JAYA PRAKASH K. N., ADV.) AND THE STATE OF KARNATAKA, HADADI POLICE STATION, DAVANGERE DISTRICT, REP. BY ITS S.P.P.
HIGH COURT BUILDING, BENGALURU – 560001 ... RESPONDENT (BY SRI. S. RACHAIAH, HCGP) THIS CRL.P IS FILED U/S 482 CR.P.C PRAYING TO QUASH THE COMPLAINT AND FIR DATED 6.4.2015 IN CR. NO.49/2015 FOR THE OFFENCE P/U/S 117 AND 119 OF KARNATAKA EDUCATION ACT, 1983 REGISTERED IN HADADI POLICE STATION, DAVANAGERE DIST., WHICH IS PENDING ON THE FILE OF II JMFC COURT, DAVANAGERE TALUK.
THIS CRL.P COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners.
Perused the records.
2. The petitioners have approached this court for quashing of Crime No.49/2015 registered for the offence punishable under sections 117 and 119 of the Karnataka Education Act, 1983. In my opinion, the petition is too premature, because of Section 137 of the Karnataka Education Act, if there is no compliance of the said provision.
Under the above said circumstances, the petition is disposed of with a liberty to the petitioners to approach the trial Court if any cognizance is taken against them or if the police files any adverse report, without any basis.
Sd/-
JUDGE PL*