IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.831 OF 2017 BETWEEN:
MR.VINOD KUMAR S/O ERULAN PANDEY AGED ABOUT 36 YEARS OCC:BUSINESS R/O D-52, BEARYS ANUGRAHA APTS 18, LOKESH TANK ROAD LINGARAJAPURAM BENGALURU-570 064 ... PETITIONER (BY SRI: CHETAN DESAI, FOR SMT: RASHMI JADHAV, ADVOCATE) AND 1. STATE OF KARNATAKA REPRESENTED BY ELECTRONIC CITY POLICE BANGALORE REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-560 001 2. PURUSHOTTAM S/O KRISHNAPPA AGED:MAJOR ADDRESS:NO.104/1 ELITE MOTORS SINGASANDRA HOSUR MAIN ROAD BENGALURU-560 068 ... RESPONDENTS (BY SRI: VIJAYAKUMAR MAJAGE, ADDL. SPP FOR R1;
VIDE ORDER DATED 16.8.2019 NOTICE TO R2 IS DISPENSED WITH) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 29.01.2016 IN C.C.NO.960/2016 PASSED BY THE C.J.M., BANGALORE RURAL DIST., BENGALURU, CONSEQUENTLY QUASH THE ENTIRE PROCEEDINGS PENDING THEREON.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard learned counsel for petitioner and learned Addl. SPP for respondent No.1.
Notice to respondent No.2 is dispensed with.
2. On going through the material on record, I do not find any justifiable ground to quash the proceedings. The allegations made in the charge sheet and the material produced in support thereof prima-facie disclose the commission of criminal offences. The contentions urged by learned counsel for the petitioner are in the nature of defence, which are required to be considered by the trial court.
Hence, reserving liberty to the petitioner to seek discharge on the same set of contentions, the petition is disposed of. In view of disposal of the main matter, I.A.1/17 for stay does not survive for consideration. Accordingly, it is disposed of.
Sd/- JUDGE *mn/-