IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR CRL.P. NO.6180/2018 BETWEEN 1. SRI A N SRINIVAS AGED 46 YEARS, S/O LATE NARAYANASWAMY A V, R/AT # 69, 2ND CROSS, VIDYANAGAR, SHIMOGA-577203 (INSTRUCTOR AT E & C DEPARTMENT, DVS, POLYTECHNIC) 2. SRI DARSHAN J AGED 41 YEARS, S/O JANAKIRAM, R/AT 1ST CROSS, HOSAMANE, SHIMOGA-577201 (ASST. INSTRUCTOR AT E & C DEPARTMENT, DVS, POLYTECHNIC) ...PETITIONERS (BY SRI P P HEGDE, ADV.) AND 1. THE STATE REPRESENTED BY KOTE POLICE, SHIMOGA, REPRESENTED BY LEARNED SPP, HIGH COURT OF KARNATAKA, BENGALURU-560001 2. SRI S S CHANDRASHEKAR AGED ABOUT 39 YEARS, R/AT ANUPINAKATTE ROAD, SIDDESHWARA CIRCLE, NEAR POWER ELECTRICAL CROSS, GOPALA, SHIMOGA-577201 …RESPONDENTS (BY SRI H.R.SHOWRI, HCGP FOR R1, SMT. N.S.JAYASHREE, ADV. FOR R2.) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN CRIME NO.242/2015 OF KOTE POLICE STATION, SHIMOGA ARISING OUT OF PCR NO.13/2015 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND CJM, SHIMOGA UNDER SECTION 463,471,468,420 R/W 34 OF IPC.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioners are lecturers and have approached this court being aggrieved by the reference of the complaint preferred by the second respondent under Section 200 of Cr.P.C. for the offences punishable under Section 463, 471, 468, 420 read with Section 34 of IPC. This court after appreciating the case of the petitioners, by an interim order dated 20.12.2018 was pleased to stay all the proceedings in PCR No.13/2015 (arising out of FIR No.242/2015) pending on the file of the Principal Senior Civil Judge & CJM, Shimoga. Thereafter, the interim order came to be extended.
2. Today, the learned counsel for the second respondent submits that the first respondent police have filed a ‘B’ report and that the second respondent aggrieved by the same has filed a protest petition. If that be the facts obtaining before the trial court, the trial court would not be in a position to adjudicate the correctness of the ‘B’ report or otherwise in view of the interim order operating in the instant petition.
3. Learned counsel for the petitioners would contend that the instant petition could be heard and disposed off de-hors the ‘B’ report filed. In the opinion of this court, the said contention cannot be appreciated. If the respondent police are of the opinion that no case is made out and this court exercising its jurisdiction under Section 482 of Cr.P.C cannot be asked upon to adjudicate and pass an order pre-emptive in nature. There being no cause for concern for the petitioners in the light of the ‘B’ report, the petition is rendered infructuous. In the event the trial court deems it fit to reject the ‘B’ report, it is always open for the petitioners to approach this court. In that view of the matter, the petition stands disposed off.
4. The trial court shall expedite the consideration of the ‘B’ report. In the event the petitioners are aggrieved by any order passed by the trial court in respect of the ‘B’ report, liberty is granted to the petitioners to approach this court. All contentions are left open.
In view of disposal of the petition, I.A. 1/2018 for stay does not survive for consideration and is accordingly disposed off.
Sd/- JUDGE Chs* CT-HR