Ramesha vs State By Rmc Yard Police Station on 2 November, 2017

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Karnataka High Court

Ramesha vs State By Rmc Yard Police Station on 2 November, 2017

Bench: K.N.Phaneendra

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 2ND DAY OF NOVEMBER 2017

                        BEFORE

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


       CRIMINAL PETITION NO.6784 OF 2016

BETWEEN:

Ramesha,
S/o Late Rajanna,
Aged 47 years,
R/at No. 750/1,
Government School Road,
Near Anjaneya Temple,
Near Rajanna Circle,
Peenya 2nd Stage,
Bengaluru,
Pincode - 560058.
                                     ...Petitioner

(By Sri. Srinivasa M.G., Advocate)

AND:

1.     State by RMC Yard
       Police Station,
       Bengaluru,
       Pincode - 560058.

       (Represented by S.P.P,
       High Court of Karnataka,
       Bengaluru - 560001)
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2.   Chandrashekaraiah M. R.,
     S/o Late Ramaiah M,
     Aged about 69 years,
     R/at No.20,
     Chowdeshwari Nilaya,
     2nd Main Road,
     New Extension,
     Under S.R.S, Peenya,
     Bengaluru,
     Pincode - 560058.
                                          ... Respondents

(By Sri. Sandesh J. Chouta, SPP - II for R1)

      This criminal petition is filed under Section 482 of
Cr.P.C. praying to quash the charge sheet in C.C. No.
12222/2016 against the petitioner for the offences
p/u/Ss.506, 447 of IPC on the file of the 9th ACMM,
Bangalore and consequently to quash the proceedings
against the petitioner/accused in C.C.No.12222/2016
for the offences p/u/Ss.506, 447 of IPC Etc.

      This criminal petition is coming on for admission
this day, the Court made the following:

                       ORDER

Heard learned counsel for the petitioner, learned State Public Prosecutor for the respondent No.1 and perused charge sheet papers.

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2. At this stage, there are certain allegations made against the petitioner, in order to invoke the provisions under Sections 447 and 506 of IPC. The truth or falsity of the allegations cannot be decided unless a conclusive proof is produced before the Court and therefore, the question of appreciating the statements of witness does not arise under Section 482 of Cr.P.C. However, said submission can be weighed by the trial Court at the time of framing charges. If really the petitioner is aggrieved by the charge sheet, he is at liberty to move the trial Court for his discharge by making necessary application. In that eventuality, the trial Court shall give opportunity to both parties and pass appropriate order in accordance with law.

With these observations, the petition stands disposed off.

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In view of the disposal of the main matter, I.A.No.1/2016 does not survive for consideration and the same is disposed of.

Sd/-

JUDGE nvj/MH/-

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