IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE P. B. BAJANTHRI CRIMINAL PETITION NO.6804 OF 2018 Between:
1. Sri Somashekar S/o late G.Krishnappa Aged about 62 years, Residing at No.14, 14th cross, Cubbonpet, Bangalore-560002.
2. Sri Vasantha Kumar S/o Venkatachalaiah Aged about 52 years Residing at No.30, Ganigara ‘A’ Lane, MBC Street, Cubbonpete, Bangalore-560002.
3. Smt Rukmini @ Shashikala W/o late Parthasarathy Aged about 63 years Residing at No.E-13, Cottonpet Main Road, Cottonpet, Bangalore-560053.
…Petitioners (By Sri.Y.P.Vijayavasantha Kumari, Advocate) And:
1. State by Cottonpet Police, Cottonpet, Bangalore-560053. Represented by SPP High Court of Karnataka Bangalore-01.
2. Sri H Jithendra S/o Hanumantharaju Aged about 45 years E-13, Cottonpet Main Road, Bangalore-560053. ...Respondents (By Smt.K.P.Yashodha, HCGP) This Criminal Petition is filed under Section 482 of Cr.P.C. praying to quash the proceedings in C.C.No.5130/2018, on the file of the 45th ACMM, Bangalore.
This Criminal Petition coming on for admission, this day, the Court made the following:-
ORDER In the instant petition, the petitioners have sought for the following reliefs:
“i) Call for the entire records and quash the proceedings in C.C.No.5130/2018 pending on the file of the 45th Addl. Chief Metropolitan Magistrate Court, at Bengaluru against the petitioners, registered by the 1st respondent Police in Crime No.9/2018 for the offences punishable under Sections 323, 324, 506 r/w section 34 of IPC;
ii) To pass such other order/s relief/s direction/s as this Hon’ble Court deems fit to grant by considering the facts and circumstances of the case in the interest of justice.”
2. Learned counsel for the petitioners vehemently contended that the complaint is belated as is evident from the date of alleged incident dated 20.11.2017 and FIR was filed on 13.01.2018. It was further submitted that there were no grievous hurt on the injured person as he attended office as is evident from document No.6 (Attendance register), whereas on perusal of the wound certificate dated 12.01.2018, it reads as under:
“As per opinion, injury is grievous in nature”
3. Question of delay in filing complaint would be examined by Court below. In view of the wound certificate and opinion of the Doctor read with fact that prima facie grievous injury is alleged to have been caused by the petitioners on the injured person, hence, matter requires trial. Thus, petitioners have not made out the case so as to quash proceedings in C.C.No.5130/2018 pending on the file of 45th Additional Chief Metropolitan Magistrate, Bengaluru.
Accordingly, petition stands dismissed.
Sd/- JUDGE Mds/-