IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF MAY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE CRIMINAL PETITION NO.1256 OF 2019 BETWEEN:
V. Nagesh S/o G. Venkataswamy Aged about 49 years Residing at Chikka Tirupathi Village, Lakkur Hobli, Malur Taluk – 563 130.
(By Smt. S. Mubarak Begum, Adv., for Sri. Rasheed Khan , Advocate) AND:
... Petitioner 1. Malur Police Station Represented by its state public prosecutor High court building Bengaluru – 560 001.
2. Suresha Aged about 55 years ASI, Malur police station, Malur – 563 130.
... Respondents (By Sri. Vijaya Kumar Majage, Addl SPP for R1) This Criminal Petition is filed under Section 482 of Cr.P.C. praying to 1.Quash the FIR registered by the 1st respondent in Crime No.188 of 2018 consequently, 2.Quash the Criminal Proceedings in C.C.No.993 of 2018, on the file of Principal Civil Judge and JMFC, Malur, for the offence P/U/S 171-E of IPC and Section 133 of the representation of people Act.
This Petition coming on for Admission, this day, the Court made the following:-
ORDER Smt. S. Mubarak Begum, learned counsel for Sri. Rasheed Khan, learned counsel for the petitioner.
Sri. Vijaya Kumar Majage, learned Additional SPP for respondent No.1.
The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition under Section 482 of the Code of Criminal Procedure, 1973, the petitioner inter alia seeks quashment of the proceedings in C.C.No.993/2018 pending before the Principal Civil Judge and JMFC, Malur for the offences punishable under Section 171E of the Indian Penal Code, 1860 and Section 133 of the Representation of the People Act, 1951.
3. After arguing the matter to some extent, learned counsel for the petitioner submits that the petitioner be granted liberty to file an application seeking discharge before the learned Magistrate. The aforesaid prayer is not opposed by the learned Additional SPP.
4. In view of the aforesaid submission and in the facts of the case, petition is disposed of with liberty to the petitioner to file an application seeking discharge before the learned Magistrate.
5. Needless to state that in case such an application is filed before the learned Magistrate, the same shall be dealt with in accordance with law within a period of one month from the date of receipt of such an application.
6. With the aforesaid liberty, the petition is disposed of.
7. In view of the disposal of the main petition, pending Interlocutory Application does not survive for consideration. Accordingly, the same is disposed of.
Sd/- JUDGE Mds/-