IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.3475/2013 BETWEEN:
1.SRI MALLIKARJUNA S/O M MAHADEVAPPA AGED ABOUT 36 YEARS OCCUPATION: BUSINESS R/O NO. 25, LINGAYITH BEEDI ASHOKANAGARA CAMP-2 YEDEHHALLI (A) BHADRAVATHI TALUK SHIMMOGGA DISTRICT-577201.
2.SRI P G SATHISH, S/O CHANNAIAH AGED ABOUT 36 YEARS OCCUPATION: BUSINESS R/O NO. 60-B, YEDEHALLI CAMP YEDEHALLI-2, BHADRAVATHI TALUK SHIVAMOGGA DISTRICT – 577201.
3.SRI PRAVEEN M C, S/O CHANNAIAH AGED ABOUT 25 YEARS OCCUPATION: BUSINESS R/O NO. 60-B,YEDEHALLI CAMP, YEDEHALLI-2, BHADRAVATHI TALUK SHIVAMOGGA DISTRICT -577201 4.SRI MANJU S R, MAJOR OCCUPATION: BUSINESS YEDEHALLI CAMP, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT – 577201.
5.SRI M MANU, S/O MANJUNATH AGED ABOUT 26 YEARS R/O NO. 114, NAYAKARA KERI YEDEHALLI VILLAGE BHADRAVATHI TALUK SHIVAMOGGA DISTRICT-577201.
(BY SRI. A.H.HAGED, ADV. FOR SRI. DINESH RAO N, ADVOCATE) AND:
STATE BY HOLEHONNUR POLICE BHADRAVATHI TALUK SHIVAMOGGA DISTRICT-577201.
... PETITIONERS ... RESPONDENT (BY SRI. VIJAYA KUMAR MAJAGE, ADDL. SPP) THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONERS PRAYING TO QUASH THE PROCEEDINGS INITIATED AGAINST THE PETITIONERS IN CRIME NO.314/13 PENDING ON THE FILE OF THE ADDL.JMFC, BHADRAVATHI ETC.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING;
ORDER Heard learned counsel for the petitioners and perused the records.
2. Petitioners have sought to quash the proceedings in Crime No. 314/2013 registered for the offences punishable under Section. 420 read with 34 of IPC.
3.The order sheet discloses that on 18/12/2013 itself it was brought to the notice of the petitioners that the charge sheet has been submitted before the Court, inspite of that petitioner has not chosen to challenge the charge sheet till date.
4.Sri. Vijaya Kumar Majage, Addl. S.P.P., appearing for the respondent submits that trial has already commenced and the prosecution has examined as many as 35 witnesses.
5. Under such circumstances, I do not find any justifiable reason to interfere with the impugned proceedings.
6. Accordingly, the petition is dismissed.
Sd/- JUDGE Msu