IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22nd DAY OF APRIL, 2019 BEFORE THE HON’BLE Mr. JUSTICE JOHN MICHAEL CUNHA Crl.P. No. 5973/2014 BETWEEN :
1. Sri. R. Rangaswamy S/o. late G.Rangaiah Aged about 59 years Tahsildar Chamrajnagar Tq. & Dist. 571 313.
2. Sri. K.S. Raghavendra S/o. Shankarappa Aged about 58 years Revenue Inspector Vastore Office of the Deputy Commissioner Chikkamagalore – 577 101.
3. Sri. S.E. Santhosh S/o. Chandrashekaraiah Aged about 34 years Anoor Circle Chikkamagalore Tq. & Dist. 577 101.
4. Sri. A. Mallappa S/o. Ajjappa Aged about 62 years Retired Assistant Sub-Inspector of Police Jiganehalli Village Kadur Taluk Chikkamagalore Dist. 577 101. … PETITIONERS (By Sri. Karthik P.M., Adv., for Sri. Rakshit K.N., Adv.) AND :
1. State of Karnataka Rep. by Principal Secretary Home Department Vidhanasoudha Bangalore – 560 002.
2. State of Karnataka Rep. by the Station House Office Chikkamagalore Rural Police Station Chikkamagalore – 577 101.
3. Sri. H.B. Poornesh S/o. Bhadregowda Aged about 57 years Agriculturist R/a. Hunsemakki Village Kotevur Post Chikkamagalore Tq & Dist. 577 101. … RESPONDENTS (By Sri. Nasrulla Khan, HCGP, for R-1 & 2 Sri. C.G. Gopalaswamy, Adv., for R-3 - ABSENT) ---
This Crl.P. is filed under Section 482 Cr.P.C. with a prayer to quash the proceedings in PCR No. 128/2008 presently in C.C. No. 1069/2012 on the file of the Principal Civil Judge & JMFC, Chikkamagalore and etc.
This Crl.P. coming on for Admission this day, the Court passed the following;
O R D E R Heard learned counsel for the petitioners and learned High Court Government Pleader for respondent Nos. 1 and 2. Learned counsel for respondent No. 3 is absent.
2. Petitioners have sought to quash the proceedings initiated against them in PCR No. 128/2008 presently pending on the file of Principal Civil Judge and JMFC, Chikmagalur in C.C. No. 1069/2012. The substratum of the accusations against the petitioners is that they have violated the decree of permanent injunction dated 27.02.2006 in O.S. No. 259/2001 issued by the Principal Civil Judge (Junior Division), Chikmagalur and forcibly removed the iron gate fixed to the fence surrounding the properties on 17.07.2008.
3. Learned counsel for the petitioners submits that the petitioners are not parties to the said suit. The oral submission of the learned counsel for the petitioners cannot be accepted as the complaint is lodged on the specific allegation that the petitioners herein have violated the injunction order issued by the Civil Court. Therefore it was incumbent on the part of the petitioners to produce the order passed by the trial Court in support of their contention rather than put forth an oral plea that they are not bound by the orders passed by the civil Court. An adverse inference has to be drawn against the petitioners for non-production of the order that the said document if produced would go against the contention raised by the petitioners. Even assuming that the petitioners are not bound by the injunction order issued by the trial Court, it is still open for the petitioners to canvass the said plea before the trial Court and seek their discharge on that ground. Keeping open the said remedy to the petitioners, this petition is dismissed.
Sd/- JUDGE.
LRS.