IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR CRL.P. NO.8004/2019 BETWEEN 1. SRI. D. R. SHRIDHAR S/O RAJU, AGED ABOUT 25 YEARS, R/AT DALAVAYI KODIHALLI VILLAGE MALAVALLI TALUK MANDYA DISTRICT-471430 2. D R SHILPA D/O RAJU, AGED ABOUT 23 YEARS, R/AT DALAVAYI KODIHALLI VILLAGE, MALAVALLI TALUK, MANDYA DISTRICT-471430.
(BY SRI PANCHAM R D, ADV.) AND 1. STATE OF KARNATAKA BY HALAGURU POLICE, MALAVALLI TALUK, MANDYA DISTRICT - 471430 REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, AMBEDKAR VEEDHI, BANGALORE - 560 001.
...PETITIONERS 2. SMT. PUTTATHAYAMMA, W/O. CHIKKARAJU, AGED ABOUT 36 YEARS, R/AT DALAVAYI KODIHALLI VILLAGE, MALAVALLI TALLUK, MANDYA DISTRICT-471430.
…RESPONDENTS (BY SRI R.D.RENUKARADHYA, HCGP FOR RESPONDENT.) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ORDER DATED 04.10.2019 PASSED BY THE CIVIL JUDGE AND J.M.F.C., MALAVALLI ISSUING PRIOR NOTICE TO THE PETITIONERS TO SHOW CAUSE AS TO WHY THEY SHOULD NOT BE MADE AS ACCUSED IN C.C.NO.114/2014 FOR THE OFFENCE P/U/S 323,504,506,354 R/W 34 OF IPC FROM PAGE NO.11 TO 13.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners.
2. Petitioners are before this court being aggrieved by the notice issued by the trial court calling upon them to show cause why the application preferred by the public prosecutor under Section 319 of Cr.P.C. ought not to be allowed and the petitioners be also arrayed as accused in C.C. No.114/2014.
3. Learned counsel for the petitioners would vehemently contend that there is no material to rope in the petitioners as accused. The said contention cannot be appreciated by the court nor is there any cause of action for the petitioners to ventilate their grievance invoking the provisions of Section 482 of Cr.P.C. Admittedly, a notice has been issued to the petitioners to show cause and the same is within the ambit of the jurisdiction vested in the trial court. That being the state of facts this court does not find any merit in the petition. It is open for the petitioners to show cause as called upon by the trial court and convince the trial court with regard to the merits of the application.
4. Accordingly, the petition is dismissed. Dismissal of the instant petition shall not be construed as a pronouncement on the correctness or the validity of the petition under Section 319 of Cr.P.C. The application shall be independently considered and disposed off by the trial court on merits and in accordance with law.
In view of disposal of the petition, I.A. 1/2019 does not survive for consideration and is accordingly disposed off.
Sd/- JUDGE Chs* CT-HR