Sri Chandrappa B N vs State By Ramanagar Rural Police Station on 14 October, 2014

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Karnataka High Court

Sri Chandrappa B N vs State By Ramanagar Rural Police Station on 14 October, 2014

Bench: K.N. Phaneendra

  IN THE HIGH COURT OF KARNATAKA, BANGALORE

    DATED THIS THE 14TH DAY OF OCTOBER, 2014

                       :BEFORE:

    THE HON'BLE MR.JUSTICE K.N. PHANEENDRA

            CRIMINAL PETITION No.4277/2014

BETWEEN :

1. SRI CHANDRAPPA B.N.,
S/O LATE SRI NANJAPPA,
AGED ABOUT 62 YEARS,

2. SRI UDAYA,
S/O SRI B.N. CHANDRAPPA,
AGED 28 YEARS,

3. SMT. SRIDEVI,
D/O SRI B.N. CHANDRAPPA,
W/O SRI LAKSHMINARAYANA,
AGED ABOUT 30 YEARS,

ALL ARE RESIDING AT
No.21, 2ND CROSS,
2ND MAIN ROAD,
SANJEEVINI NAGAR,
BANGALORE - 560 072.
                                 ... PETITIONERS

(BY SMT. PADMAVATHI N., ADV.,)

AND :

1. STATE BY RAMANAGAR
RURAL POLICE STATION,
RAMANAGAR 562 159.

REPRESENTED BY
STATE PUBLIC PROSECUTOR,
                              2

HIGH COURT OF KARNATAKA,
BANGALORE - 560 001.

2. SRI MUNISH,
S/O LATE KITTAPPA,
AGED ABOUT 52 YEARS,
R/A No.20, 17TH MAIN ROAD,
BINNEKAPPA, KILANCHA HOBLI,
KURUBARAHALLI,
BANGALORE - 560 078,
RAMANAGARA TALUK.
                                     ... RESPONDENTS

(BY SRI NASRULLA KHAN, HCGP., )

     THIS CRL.P., IS FILED UNDER SECTION 482 OF        THE
CRIMINAL PROCEDURE CODE PRAYING TO QUASH               THE
CHARGE SHEET AGAINST THESE PETITIONERS IN              C.C.
No.328/2014 WHICH IS PENDING ON THE FILE OF            THE
ADDL. CIVIL JUDGE AND JMFC., RAMANAGARA, IN            THE
INTEREST OF JUSTICE AND EQUITY.

     THIS CRIMINAL PETITION COMING ON FOR ADMISSION
THIS DAY, THE COURT MADE THE FOLLOWING:

                        ORDER

Heard the learned counsel for petitioners. Perused the records.

2. Petitioners, who are arraigned as accused Nos.2, 3 and 7 in C.C. No.328/2014 pending on the file of Addl. Civil Judge and JMFC., Ramanagara, have sought for quashing of the entire proceedings. 3

3. The records disclose that the charge-sheet has been laid against accused Nos.1 to 7 for the offences punishable under Sections 143, 324, 506(b) read with Section 149 of the Indian Penal Code.

4. I do not want to express any opinion with regard to the factual matrix as well as merits of the case. Learned counsel for petitioners contended that the complainant has filed the complaint with a mala fide intention to drag the accused persons to the Court. On complete evaluation of the material on record, it is seen that the ingredients of the charge sheet are not sufficient to constitute any of the offences alleged against petitioners. Learned counsel further contended that petitioner No.2 was not at all present at the time of the incident as he was attending examination at Ramanagara on the date of the incident. When the chargesheet has already been filed and the trial Court records disclose that the case is set down for hearing before charge, I feel it just and necessary to give opportunity to petitioners to 4 approach the trial Court by making necessary application under Section 239 of the Code of Criminal Procedure for their discharge by submitting all the above said grounds before the learned Magistrate. If they are not successful, they can go before the appropriate Court thereafter. With these observations, the petition deserves to be disposed of.

5. Accordingly, liberty is given to petitioners to file necessary application under Section 239 Cr.P.C., before the trial Court. The trial Court shall dispose of the said application after providing opportunity to the learned counsel for petitioners and the learned Assistant Public Prosecutor.

The petition is disposed of with the above said observations.

Sd/-

JUDGE sma

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