IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.5046 OF 2015 BETWEEN:
1. Sri. Shankara Aged about 23 years, S/o Kutty, R/at Nalyadka House, Balnadu Village, Puttur Taluk – 574 201.
2. Sri. Kutty Aged about 66 years, S/o Ballu, R/at Doddadka House, Balnadu Village, Puttur Taluk – 574 201.
3. Sri. Somashekara Aged about 46 years, S/o Kukka, R/at Doddadka House, Balnadu Village, Puttur Taluk – 574 201.
…Petitioners (By Sri. S. Vishwajith Shetty, Advocate) AND:
1. State of Karnataka By Police Sub-Inspector, Puttur Rural Police Station, Dakshina Kannada, Represented by State Public Prosecutor, High Court Buildings, Bengaluru – 560 001.
2. Lalitha W/o Batya, Irde Village & Post, Puttur Taluk, Dakshina Kannada – 574 201.
...Respondents (By Sri. Vijaya Kumar Majage, Addl. SPP for R-1;
R2 served and unrepresented) This Criminal petition is filed under Section 482 of Cr.P.C. praying to set aside the order dated 10.07.2015 made in Crl. R.P. No.9/2014 by the Court of V Additional District and Sessions Judge, Dakshina Kannada, Mangaluru sitting at Puttur, Dakshina Kannada.
This Criminal petition coming on for Admission, this day, the Court made the following:
O R D E R Heard learned counsel appearing for the petitioners and learned SPP-II appearing for respondent No.1. Respondent No.2 is served and unrepresented.
2. Petitioners have sought to set aside the Order dated 10.07.2015 passed by the V Additional District and Sessions Judge, Dakshina Kannada, Mangaluru in Criminal Revision Petition No.9/2014, whereby the learned Sessions Judge has allowed the revision petition filed by the State and set aside the order dated 26.10.2013 passed by the learned Magistrate in C.C.No.420/2008 and consequently, allowed the application filed by the State under Section 323 of Cr.P.C. and directed the lower Court to commit the case to the Court of Sessions, since the offence alleged against the petitioners herein are punishable under Sections 376 and 313 of IPC, which are exclusively triable by the Court of Sessions.
3. When the matter is taken up for hearing, the learned counsel for the petitioners submits that C.C.No.420/2008 is already disposed of by the Addl. Civil Judge & JMFC, Puttur and hence the petition does not survive for consideration.
Submission is placed on record.
Petition is dismissed as it does not survive for consideration.
Sd/- JUDGE MBM/SV