IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.7580/2017 BETWEEN 1. BASAVARAJU, S/O MUDALAGIRIYAPPA, AGED 26 YEARS, 2. MUDALAGIRIYAPPA, S/O GIRIYAPPA, AGED ABOUT 61 YEARS, 3. LALITHAMMA, W/O MUDALAGIRIYAPPA, AGED ABOUT 46 YEARS, 4. SREENIVASA, S/O THIMMANNA, AGED ABOUT 45 YEARS, PETITIONER NO.1 TO 4 ARE RESIDING AT V. H. PALYA, MANGALAVAGADA POST, PAVAGADA TALUK, TUMKUR DISTRICT PIN-572 116 ... PETITIONERS (BY SRI. LAKSHMIKANTH K., ADV.) AND 1. STATE OF KARNATAKA, BY ARASIKERE POLICE STATION, PAVAGADA CIRCLE, TUMKUR DISTRICT, REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU -01 2. CHANDANA K., D/O KRISHNACHARE, AGED ABOUT 22 YEARS, R/AT MANGALAVAGADA VILLAGE, PAVAGADA TALUK, TUMAKURU DIST.
PIN-572 116 ... 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 PROCEEDINGS INITIATED AGAINST THE PETITIONERS IN C.C.NO.159/2017 FOR THE OFFENCE P/U/S 420, 313, 323, 354, 417, 498(A), 504 AND 506 R/W 34 OF IPC.
THIS CRL.P COMING ON FOR ADMISSION A/W IA NO.1/2017 THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners and learned SPP-II appearing for the respondent-State. Perused the records.
2. On careful perusal of the materials on record it is noticed that, there are certain allegations attracting the provisions of Sections 420, 313, 323, 354, 417, 498A, 504, 506 r/w 34 of IPC. However, the learned counsel seriously contends that Sections 313 and 498-A of IPC are not attracted. He contends that there is no legal information so as to attract Section 313 of Cr.PC., but, the learned Magistrate has hastily committed the case to the court of sessions. Therefore, he sought for quashing of entire proceedings against the committal of case in C.C. No.159/2017 registered against the petitioners for the above said offences.
3. Though the learned Magistrate has taken cognizance of the above said offences, he has to go through the entire materials in the charge sheet and find out whether there are any allegations and materials available in order to attract any of the provisions, which are exclusively triable by the court of sessions. Therefore, it is too premature for this court to exercise powers under Section 482 of Cr.PC. to quash the proceedings. Therefore, the petitioners are at liberty to appraise the learned Magistrate with regard to the factual aspects of the case and thereafter, on hearing the accused persons and after looking into the details in the charge sheet papers, the learned Magistrate is hereby directed to pass appropriate orders after considering whether there are any offences which are exclusively triable by the court of sessions.
With the above observation, the petition stands disposed of.
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.
Sd/-
JUDGE KGR*