IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.6180 OF 2014 BETWEEN:
Shivakumar Swamy, S/o. Late Gurubasaiah, Aged 49 years, Occ: Lecturer in Government Diploma College, Harihar, R/o Nandigavi Village, Harihar Taluk – 577 601.
Davangere District. …Petitioner (By Smt. Rashmi Jadhav, Advocate) AND:
1. The State of Karnataka, By Jayanagara Police Station, Represented by the State Public Prosecutor, High Court Building, Bengaluru – 560 001.
2. Anusha S., D/o. M.N. Shivakumar Swamy, W/o. Arjun, Aged about 23 years, Occ: Student, R/o Near K.E.B. Circle, Balaraj Urs Road, Shimoga – 577 201. ...Respondents (By Sri. Nasrulla Khan, HCGP for R1) This Criminal Petition is filed u/s 482 of Cr.P.C., praying to allow this Criminal Petition by quashing the Criminal proceedings in C.C. No. 183/2014 pending on the file of the Principal Civil Judge (Jr.Dn.) & JMFC, Shimoga, for offences P/U/S 504, 341, 323, 354 of IPC., against the petitioner.
This Criminal petition coming on for Orders, this day, the Court made the following:
O R D E R Learned counsel for the petitioner has sought to retire from the case.
Perusal of the petition reveals that the petitioner has sought to quash the Criminal proceedings in C.C.No.183/2014 pending on the file of the Principal Civil Judge (Jr.Dn.) & JMFC, Shimoga, for offences punishable under Sections 504, 341, 323, 354 of IPC. The petition was registered on 26.09.2014.
2. The learned HCGP appearing for respondent No.1 submits that trial is already commenced and six prosecution witnesses are already examined before the trial Court.
In view of the said submission, it is not proper to quash the proceedings at this stage.
Hence, the petition is dismissed.
Sd/- JUDGE SV