IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No. 3471 OF 2019 BETWEEN:
1. SRI. SHIVASHANKAR S/O LATE SRINIVASA RAO AGED ABOUT 45 YEARS R/AT NO.173 ANJANAPURA & VILLAGE NEAR GANESHA TEMPLE OPP. GOVERNMENT SCHOOL BENGALURU – 560 062 2. SMT. PUSHPA D/O LATE SRINIVASA RAO AGED ABOUT 40 YEARS R/AT NO.173 ANJANAPURA & VILLAGE NEAR GANESHA TEMPLE OPP. GOVERNMENT SCHOOL BENGALURU – 560 062 3. SRI. VIJAY KUMAR S/O LATE SRINIVASA RAO AGED ABOUT 37 YEARS R/AT NO.173 ANJANAPURA & VILLAGE NEAR GANESHA TEMPLE OPP. GOVERNMENT SCHOOL BENGALURU – 560 062 … PETITIONERS (BY SHRI. ARJUNVARMA K., ADVOCATE) AND:
SMT. PARVATHAMMA W/O LATE SRINIVAS AGED ABOUT 45 YEARS R/AT NO.172 ANJANAPURA & VILLAGE NEAR GANESHA TEMPLE OPP. GOVERNMENT SCHOOL BENGALURU – 560 062 ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE PRIVATE COMPLAINT IN PCR NO.47/2018 FILED BY THE COMPLAINANT/RESPONDENT BEFORE THE LEARNED LXX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, SPECIAL COURT, CCH-71, BENGALURU CITY AT BENGALURU IN SPL.CC.NO.145/2018.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Respondent has filed a private complaint in PCR No.47/2018 against accused alleging commission of offence punishable under the provisions of Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Act, 1989. Learned Magistrate took cognizance of the offence and directed registration of complaint and recording of sworn statement. The case has been renumbered as Spl.C.C.No.145/2019 on the file of LXX Additional City Civil & Sessions Judge, Bengaluru City, 2. Shri Arjun Varma K., learned advocate for the petitioners urged a solitary contention that petitioners have not committed the acts alleged against them in the private complaint. He also pointed out that on 09.06.2018, a complaint was given to the police which has been registered as non-cognizable offence. Therefore, the submissions contained in the private complaint are false and accordingly, he prayed for quashing of the private complaint.
3. After perusal of the complaint, the learned Magistrate has taken cognizance of the offence and the criminal case is pending before the learned Special Judge. A reading of the private complaint discloses an allegation that complainant was abused. The plea of innocence urged before this Court is a matter to be decided after trial. Hence, no ground is made out to interfere in exercise of power under Section 482 Cr.P.C.
4. Resultantly, this petition fails and it is accordingly dismissed. No costs.
Sd/- JUDGE Yn.