IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 02ND DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.4220 OF 2016 BETWEEN:
SHYAM PRASAD S/O JESUDAS, AGED ABOUT 42 YEARS, NO.8, 16TH CROSS, RAGHAVENDRA LAYOUT, K.G.HALLI, BANGALORE-560015. ... PETITIONER (By Sri. G JEEVAPRAKASH, ADVOCATE) ABSENT AND:
1. THE INSPECTOR OF POLICE THE GANGAMMA GUDI PS. BANGALORE-560013.
REPESENTED BY :
THE STATE PUBLIC PROSECUTOR, HIGH COURT PREMISES, BENGALURU-01 2. SMT SALOMI @ SHALINI AGED ABOUT 35 YEARS, NO.146, PRASANTH NILAYAM, RAGHURAM LAYOUT, RAMACHANDRA PURAM, JALAHALLI EAST, BANGALORE-560013. ... RESPONDENTS (BY SRI: NASRULLA KHAN, HCGP FOR R1) THIS CRL.P FILED U/S.482 CR.P.C PRAYING TO QUASH THE CHARGE SHEET IN CR.NO.90/2004 IN C.C.NO.5126/2015 ON THE FILE OF VIII A.C.M.M., BANGALORE.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Petitioner and his counsel are absent.
2. Heard learned HCGP. Perused the records.
3. Petitioner has invoked the jurisdiction of this court under section 482 Cr.P.C. seeking to quash the charge-sheet in Crime No.90/2014, presently pending on the file of VIII Additional Chief Metropolitan Magistrate Court, Bangalore in C.C.No.5126/2015.
4. A perusal of the charge-sheet indicates that specific and direct allegations are made against the petitioners attracting the offences under section 498A, 363, 511, 323 of Indian Penal Code. The said allegations are sought to be supported through cogent materials which require to be established in a full-fledged trial. Therefore, it cannot be said that the allegations made against the petitioner are false and baseless as stated in the petition. In the result, I do not find any justifiable reason to exercise the jurisdiction in favour of the petitioner under section 482 of Cr.P.C.
Petition is dismissed.
In view of the dismissal of the petition, I.A.1/2016 does not survive for consideration and the same is dismissed.
Sd/- JUDGE Bss