IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.2589 OF 2013 BETWEEN:
V.C. SRINIVASU S/O LATE CHIKKIRIAHA AGE: 48 YEARS OCC: AGRICULTURE VALGERE HALLI VILLAGE KASABA HOBLI MADDUR TALUK-571 428 ... PETITIONER (BY SMT. ARCHANA MURTHY, ADVOCTE) AND:
1. STATE BY MADDUR POLICE STATION REPRESENTED BY SPP HIGH COURT, BANGALORE-560 001 2. A.M. RAVI @ BORA S/O KATHE MARI GOWDA AGE: 32 YEARS OCC: BUS DRIVER 3. A.M. SHIVA KUMAR S/O KATHE MARIGOWDA AGE: 30 YEARS OCC: LORRY CLEANER 4. V.S. ARUN KUMAR S/O SHANKARE GOWDA AGE: 30 YEARS OCC: AGRICULTURE 5. HORIMUNIYAR KUMAR @ V.M. SHIVA KUMAR S/O MUNNI GOWDA AGE: 34 YEARS OCC: AGRICULTURE 6. V.S. NANDEESH S/O SRINIVAS AGE: 33 YEARS OCC: AGRICULTURE RESPONDENTS NO.2-6 ARE R/O VALGERE HALLI VILLAGE KASABA HOBLI MADDUR TALUK-571 428 MANDYA DISTRICT ... RESPONDENTS (BY SHRI. NASRULLA KHAN, HCGP FOR R1;
SHRI. C.K.SRIDHAR, ADVOCATE FOR R2 TO R4 & 6; R5 - SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO SET ASIDE THE ORDER OF THE PRL. DIST. & S.J., MANDYA DATED 15.03.2013 ON I.A. FILED UNDER SECTION 311 OF CR.P.C., IN S.C. NO.102/2008.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard Smt. Archana Murthy, learned advocate for the petitioner, Shri Nasrulla Khan, learned HCGP for the State and Shri C.K. Sridhar, learned advocate for respondents No.2 to 4 & 6.
2. Pursuant to a complaint filed by the petitioner, FIR No.251/2007 was registered in Maddur Police Station for offences punishable under Sections 302 & 201 of IPC against unknown persons. After investigation, police have filed the charge sheet against five accused persons for offences punishable under Sections 120B, 201 & 302 read with Section 34 of IPC in SC.No.102/2008. They are respondents No.2 to 6 in this petition. Trial is pending before the Principal District & Sessions Judge, Mandya. In the said case, prosecution filed an application under Section 311 of Cr.P.C., with a prayer to recall CWs.35, 37 and 44 for examination. The said application has been dismissed by the learned Sessions Judge by order dated 15.03.2013.
3. Complainant is aggrieved by order passed by the learned Sessions Judge, rejecting the prosecution’s application.
4. Shri Nasrulla Khan, learned HCGP submits that prosecution has not challenged the said order.
5. In the circumstances, this petition is not maintainable at the instance of the complainant. Hence, I find no ground to interfere with the impugned order. Resultantly, this petition fails and it is accordingly dismissed.
No costs.
Sd/-
JUDGE AV