IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE CRIMINAL PETITION NO.3016 OF 2018 BETWEEN:
1. Sri.Ramaiah, S/o.Chikkaponnaiah, Aged about 65 years 2. Sri.Siddagangamma, W/o.Chikkaponnaiah, Aged about 56 years 3. Sri.Siddaiah, S/o.Chikkaponnaiah, Aged about 37 years 4. Sri.Narasimhamurthy, S/o.Chikkaponnaiah, Aged about 36 years 5. Smt.Bhagyamma, D/o.Chikkaponnaiah, Aged about 33 years 6. Sri.Rangaiah, S/o.Chikkaponnaiah, Aged about 31 years 7. Sri.Laxmana, S/o.Chikkaponnaiah, Aged about 39 years All are residents of Satuparahalli, Kallambella Hobli, Sira Taluk-572 137, Tumkur District. … Petitioners (By Sri.Chethan.B, Adv,- Absent) AND:
State of Karnataka, Represented by Kallambella Police Station, Sira Taluk-572 137, Tumkur District.
Represented by State Public Prosecutor, High Court of Karnataka, Bengaluru-560 001. … Respondent (By Sri.S.Rachaiah, HCGP) This Criminal Petition is filed under Section 482 of Cr.P.C., praying to (a) To quash the order dated 18.01.2017 passed in C.C.No.603/2014 on the file of Hon’ble Principal Civil Judge and JMFC, at Sira as per Annexure-A and allowing the application as per Annexure-E. (b) To quash the order dated 08.03.2018 passed in Crl.R.P.No.19/2017 by the Hon’ble VI Additional District and Sessions Judge, at Tumkuru as per Annexure-B.
This Criminal Petition coming on for Admission, this day, the Court made the following:-
ORDER None for the petitioners.
None had appeared on behalf of the petitioners on 23.04.2019 also.
Sri.S.Rachaiah, learned High Court Government Pleader for respondent.
Records perused.
2. In this petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘Code’ for short), the petitioners inter alia have assailed the validity of the order dated 18.01.2017 passed by the Principal Civil Judge and JMFC, Sira in C.C.No.603/2014, by which an application filed by the petitioners under Section 311 of the Code has been rejected. The petitioners have also assailed the validity of order dated 08.03.2018, by which the aforesaid order has been affirmed in revision by the Revisional Court.
3. The facts giving rise to filing of the petition briefly stated are that FIR was filed against the petitioners for the offence punishable under Sections 506, 504, 143, 147, 149, 447, 323, 324 and 354 of Indian Penal Code, 1860. Thereafter, charge sheet was filed against the petitioners.
4. During the course of trial, on 04.11.2015, CWs-1 to 3 were examined before the learned Magistrate as PWs-1 to 3 and they were extensively cross-examined on the same day by the previous counsel. Thereafter, proceedings before the learned Magistrate were adjourned to 09.12.2015. Thereafter, it appears that the petitioners engaged another counsel and an application was filed under Section 311 of the Code. The learned Magistrate vide order dated 18.01.2017, rejected the aforesaid application on the ground that on perusal of the evidence of PWs.1 to 3, it is evident that they have been cross- examined by the counsel for the accused in extenso. It has further been held that no grounds have been made out by the accused for recalling PWs.1 to 3, as they have been fully cross-examined by the counsel for the accused. The aforesaid order has been upheld by the revisional Court by order dated 08.03.2018. The petitioners have failed to disclose any grounds to enable them to recall the witnesses, who have already been cross-examined by them. The orders passed by the learned Magistrate as well as by the learned VI Additional District and Sessions Judge, Tumakuru neither suffers from any jurisdictional infirmity nor any illegality warranting the interference by this Court in exercise of inherent powers under Section 482 of the Code.
In view of the preceding analysis, I do not find any merit in this petition. Accordingly, the same fails and is hereby dismissed.
Sd/- JUDGE dn/-