IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 6TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.7000/2017 BETWEEN SRI. SURAJ SHAKTHI SARJA, (ACTUAL NAME: SURAJ SARJA) S/O LATE SRI. KISHORE SARJA, R/ AT NO.C-602, PRAMUK TEMPLE MEADOWS, 27TH CROSS, BSK II STAGE, BENGALURU-560070, KARNATAKA. ... PETITIONER (BY SRI. SOMASHEKAR, ADV.) AND 1. STATE OF KARNATAKA, BY SIDDHARTHANAGAR TRAFFIC POLICE STATION, REP BY ITS SPP, HIGH COURT OF KARNATAKA, BENGALURU-560 001 2. SRI. N. SURESH, S/O SRI. M. NAGARAJU, AGED ABOUT 44 YEARS, R/AT NO.175/2, 4TH CROSS, RAGHAVENDRA NAGARA, CAUVERY MAIN ROAD, MYSURU-570 019 ... RESPONDENTS (BY SRI. SANDESH J. CHOUTA, SPP-II FOR R-1) THIS CRL.P IS FILED U/S 482 CR.P.C PRAYING TO QUASH THE ORDER DATED 09.05.2017 PASSED IN C.C.NO.1281/2017 ON THE FILE OF J.M.F.C.(III COURT), MYSURU AND CONSEQUENTLY QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.1281/2017 ON THE FILE OF J.M.F.C.(III COURT), MYSURU.
THIS CRL.P COMING ON FOR ADMISSION A/W I.A. NO.1/2017 THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner.
2. As the charge sheet has already been filed, though there are some contradictions in the statement of the witnesses in the charge sheet, in my opinion, they cannot be considered at this stage, while considering the petition under Section 482 of Cr.P.C.
3. This is a case, where the police have registered a case against the petitioner for the offence punishable under sections 279 and 338 of IPC and also under Section 134(A) & (B) r/w. Section 187 of Indian Motor Vehicles Act ( for short, ‘IMV Act’) .
4. The learned counsel has tried to convince this court stating that the offence under Section 134 of the IMV Act is not attracted. The same contention can be urged before the trial Court.
5. At the time of framing of charges, the court has to look into the entire materials on record and to hear the application for examination of the parties.
6. Though it is a summons case, in view of a decision of the Hon'ble Apex Court reported in 2012(5)SCC 424 [Bhushan Kumar and Another Vs. State (NCT of Delhi) and Another], even in summons cases also, under Section 239 of Cr.P.C., an application for discharge can be filed and the court can pass appropriate orders for discharging the accused, if no materials are available to record the plea.
7. In the above said circumstances, giving liberty to the petitioner to approach the trial Court to file appropriate application for discharge, the petition is disposed of .
8. In view of disposal of this case, the application-IA No.1/2017 filed for stay, does not survive for consideration. Accordingly, the said application stands disposed of.
KGR* Sd/-
JUDGE