IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF MAY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE CRIMINAL PETITION NO.1697 OF 2018 BETWEEN:
Smt. Thulasamma @ Lakshmi, Aged about 35 years, W/o Sri. A.S.Chandrashekar, At No.25/1, 6th Cross, Sirsi Road, Chamarajapet, Bangalore-560018. … Petitioner (By Sri Jagadesh. M.L., Advocate) AND:
1. State of Karnataka, By Jagajeevanramnagar Police Station, Rep. through the Public Prosecutor, High Court of Karnataka, Bangalore-560001.
2. Smt. Usha.G, Aged about 34 years, D/o late Gangaiah, No.85, R Block, Car Police Head Quarters, Sirsi Circle, Bangalore-560018 … Respondents (By Sri Vijay Kumar Majage, Add. SPP for R1) This Criminal Petition is filed under Section 482 Cr.P.C. praying to quash the entire proceedings in C.C.No.11266/2017, registered by the 1st respondent police on 11.01.2017 on the complaint of the II respondent and same is pending before the Hon’ble III A.C.M.M., Judge, Bangalore, I.E. Annexure-A, (Chargesheet).
This Criminal Petition coming on for Admission, this day, the Court made the following:-
ORDER Mr. Jagadeesh M.L. learned counsel for the petitioner.
Mr. Vijayakumar Majage, learned Additional State Public Prosecutor for respondent No.1.
Petition is admitted for hearing with the consent of learned counsel for the parties and the same is heard finally.
2. In this petition under Section 482 of Code of Criminal Procedure, 1973, the petitioner inter alia seeks quashment of the proceedings registered against him in C.C.No.11266/2017 by Jagajeevanram Nagar Police Bengaluru, in Crime No.6/2017 for the offence under Sections 341,504 and 506 r/w Section 34 of the Indian Penal Code.
3. In view of the fact that charge sheet has already been filed against the petitioner, learned counsel for the petitioner submits that he be granted liberty to move an application seeking his discharge before the trial court and the trial court be directed to quash the application expeditiously in accordance with law.
4. In view of the above said submissions and in the facts of the case, the petition is dismissed with liberty that in case the petitioner files application seeking his discharge before the trial court, the trial court after affording an opportunity of hearing the petitioner, shall decide the application preferred by the petitioner within a period of one month from the date of filing of such application.
5. With the aforesaid liberty, petition is disposed of.
Sd/- JUDGE Psg*