IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.7660/2013 BETWEEN:
1. Sri. Nadeem Khan, S/o Late Aseem Khan, Aged about 38 years, R/at 1st Main, I Cross, Vinayaka Extension, Davanagere Town, Davanagere District – 577 002.
2. Smt. Jubeda Khanam @ Saheda, W/o Late Aseem Khan, Aged about 62 years, R/at Shankara Vihara Badavane, Davanagere Town, Davanagere District – 577 002.
3. Smt. Rumana Nasreem, W/o Late Aseem Khan, Aged about 25 years, R/at Shankara Vihara Badavane, Davanagere Town, Davanagere District – 577 002.
4. Sri. Imran Khan, S/o Late Aseem Khan, Aged about 28 years, Lecturer, S.N.M. Polytechnic College, Mudabidre Taluk, Moodabidre – 574 197. …Petitioners (By Sri. S. Vishwajith Shetty, Advocate) AND:
1. State of Karnataka, Represented by its Hosadurga Police Station, Chitradurga District – 577 501.
2. Smt. Fareeda Bhanu, W/o Vaseem Khan, Aged about 38 years, Kalleshwara Badavane, Hosadurga Town – 577 527. ...Respondents (By Sri. I.S. Pramod Chandra, SPP-II for R1; Sri. S.Z.A. Khureshi, Advocate for R2) This Criminal petition is filed under Section 482 of Cr.P.C. praying to quash the entire proceedings in C.C.No.632/2013 (CR.No.222/2013) pending before the Principal Civil Judge and J.M.F.C., Hosadurga, registered for the offence P/U/S 498A, 504, 506, r/w 34 of IPC.
This Criminal petition coming on for Admission this day, the Court made the following:
O R D E R The learned counsel for the petitioners is absent.
Heard the learned counsel for the respondents.
2. The petitioners are accused Nos.2, 3, 4 and 5 in Crime No.222/2013. After investigation, charge-sheet is laid against the petitioners and accused No.1 for the offences punishable under Sections 506, 504, 143, 149, 323, 324, 147, 148 of IPC. The petitioners have sought to quash the FIR as well as the C.C.No.632/2013 pending trial before the Principal Civil Judge and JMFC, Hosadurga, on the ground that the petitioners are falsely implicated in the alleged offences without there being any prima facie material to show their presence and involvement in the alleged incident.
3. The learned counsel for the respondents however would submit that based on the prima facie material produced by the Investigating Agency, charges are framed against the petitioners as well as accused No.1 and trial has already commenced and the material witnesses are already examined before the trial Court. Therefore, the contention of the petitioners that they have been prosecuted without any basis and without any legal evidence, cannot be accepted.
4. On going through the records, it is noticed that charge sheet is laid against all the accused persons alleging that all the accused persons threatened and assaulted the complainant and intimated her not to give evidence in the pending criminal proceedings initiated by her. These allegations are sought to be substantiated through the statement of the complainant and other corroborative evidence. The relevance and veracity of the said evidence cannot be gone into by this Court under Section 482 of Cr.P.C. Moreover, the trial having already commenced and the material witnesses having already been examined, the inherent jurisdiction under Section 482 of Cr.P.C cannot be exercised in the instant case.
Accordingly, the Criminal Petition is dismissed.
Sd/- JUDGE SV/-