IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MAY 2019 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA Criminal Petition No.4689 of 2016 BETWEEN:
1. MRS.SAROJAMMA, W/O LATE NANJAPPA, AGED ABOUT 58 YEARS, RESIDING AT “SAROJA NILAYA”, 1ST CROSS, 1ST STAGE, SANGAMESHWARA LAYOUT, HASSAN CITY, HASSAN DISTRICT – 573 201.
2. MR.SHASHI KIRAN, S/O LATE NANJAPPA, AGED ABOUT 37 YEARS, RESIDING AT “SAROJA NILAYA”, 1ST CROSS, 1ST STAGE, SANGAMESHWARA LAYOUT, HASSAN CITY, HASSAN DISTRICT – 573 201.
…PETITIONERS (BY SRI. P.P.JAYAKUMARA, ADVOCATE - ABSENT) AND:
1. STATE BY HASSAN RURAL CIRCLE POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AMBEDKAR VEEDHI, BANGALORE – 560 001.
2. MRS.SAROJAMMA, W/O SHANKARAPPA, AGED ABOUT 45 YEARS, RESIDING AT HOMMAGODANAHALLI VILLAGE, SALAGAME HOBLI, HASSAN TALUK, HASSAN DISTRICT – 573 219.
(BY SRI.NASRULLA KHAN, HCGP FOR R1) …RESPONDENTS THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE FIR IN CR.NO.93/2016 DATED 13.05.2016 ON THE FILE OF I ADDL. CIVIL JUDGE (JR.DN.) AND JMFC, HASSAN REGISTERED BY THE RESPONDENT NO.1 AGAINST THE PETITIONERS VIDE ANNEXURE – B.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned counsel for the petitioners absent. Perused the record. The petition is filed under Section 482 of Cr.P.C. seeking to quash the FIR in Crime No.93/2016 registered for the offences punishable under Sections 506, 341, 323, 504 read with 34 of IPC.
2. When the matter was taken up for hearing, learned HCGP appearing for respondent No.1 submitted that after investigation charge sheet was filed before the jurisdictional Court on 14.06.2016. The petition is filed on 28.06.2016. The petitioners have not challenged the charge sheet till date. Hence, reserving liberty to the petitioners to seek their discharge before the trial Court on such grounds available under law, the petition is dismissed.
Sd/- Judge RD