IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23rd DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.1291 OF 2015 BETWEEN:
1. SMT SHWETHA SHASHIDHAR W/O SHASHIDHAR AGED ABOUT 28 YEARS 2. SRI SHASHIDHAR S/O S NAGARAJA AGED ABOUT 36 YEARS BOTH ARE R/AT NO.33, 18TH MAIN 5TH CROSS, HAL 2ND STAGE BENGALURU 560008 (BY SRI: ARAVIND H, ADVOCATE) AND 1. THE STATE OF KARNATAKA REP BY ITS POLICE SUB-INSPECTOR JEEVANBHIMA NAGAR BENGALURU 560038 2. SRI. BEERAPPA S/O LATE AYARHALLI GOWDA, R/O 1/A, 1ST CROSS, ... PETITIONERS PENCIORNS BLOCK, RAJENDRA NAGAR, MYSORE-570007. ... RESPONDENTS (BY SRI: VIJAYAKUMAR MAJAGE, ADDL. SPP FOR R1; SRI: S.SHANKARAPPA, ADVOCATE FOR R2-ABSENT) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR AND CHARGE SHEET IN S.C.NO.480/2012 FILED BY THE RESPONDENT ON THE FILE OF THE VIII FAST TRACK, BENGALURU CITY, BENGALURU.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard learned counsel for petitioners and learned Addl. SPP for respondent No.1. Counsel for respondent No.2 is absent.
2. The only contention urged by learned counsel for the petitioners is that the petitioners were not present during the occurrence and hence, the implication of the petitioners in the alleged charge sheet is baseless and abuse of process of Court.
3. Said contention cannot be examined under section 482 Cr.P.C. nor can it be considered as a ground to quash the proceedings. I do not find any justifiable reason to quash the proceedings.
Consequently, the petition is dismissed. Since the charge sheet was filed in the year 2011, the trial court is directed to expedite the matter and conclude the trial within eight months from the date of communication of this order.
In view of dismissal of the main matter, I.A.No.1/15 for stay does not survive for consideration. Accordingly, it is dismissed.
Sd/- JUDGE *mn/-