Rajesh S/O Anandrao Ghate vs The State Of Karnataka Through Shahabad ... on 28 March, 2016

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Karnataka High Court

Rajesh S/O Anandrao Ghate vs The State Of Karnataka Through Shahabad ... on 28 March, 2016

Bench: K.N.Phaneendra

                              1




           IN THE HIGH COURT OF KARNATAKA

                  KALABURAGI BENCH

      DATED THIS THE 28TH DAY OF MARCH 2016

                         BEFORE

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

        CRIMINAL PETITION No.201090/2015

Between:

1.    Rajesh S/o Anandrao Ghate
      Age: 27 years, Occ: Driver
      R/o Velgettor
      Dist. Karimnagar (AP)

2.    Anandrao @ Annappa
      S/o Rajanna Ghate
      Age: 53 Years
      Occ: Pvt. Doctor
      R/o Velgettor
      Dist. Karimnagar (AP)

3.    Shant @ Khyad
      W/o Anandrao Ghate
      Age: 47 Years
      Occ: House-hold
      R/o Velgettor
      Dist. Karimnagar (AP)

4.    Jyoti
      D/o Anandrao Ghate
      Age: 26 Years
      Occ: House-hold
      R/o Velgettor
      Dist. Karimnagar (AP)
                                2




5.     Rajita
       D/o Anandrao Ghate
       Age: 24 Years
       Occ: House-hold
       R/o Velgettor
       Dist. Karimnagar (AP)

6.     Lata
       D/o Anandrao Ghate
       Age: 22 Years
       Occ: House-hold
       R/o Velgettor
       Dist. Karimnagar (AP)
                                              ... Petitioners

(By Sri Sharanabassappa K. Babshetty, Advocate)

And:

1.     The State of Karnataka
       Through Shahabad Town Police Station
       Tq. Chincholi, Dist. Kalaburagi

2.     Smt. Shivaranjini
       W/o Rajesh Ghate
       Age: 21 Years
       Occ: House-hold
       R/o Velgetoor
       Dist. Karimnagar
       Andhra Pradesh
       Now residing at Hanuman Nagar
       Shahabad, Tq. Chitapur
       Dist. Kalaburagi
                                          ... Respondents
(By Sri Maqbool Ahmed, HCGP for R1
Sri K.A. Kalburagi Adv. for R2)
                              3




     This Criminal Petition is filed under Section 482 of
Cr.P.C. praying to allow the petition and quash the FIR and
Charge-Sheet registered against the petitioners for the
offence P/U/Sec. 143, 147, 323, 504, 506, 498(A) & 307
R/w 149 of IPC, in S.C. No.179/2014, pending before the 3rd
Addl. Sessions Judge at Kalaburagi.

     This petition coming on for Admission this day, the
Court made the following:


                       ORDER

On perusal of the FIR and also the charge sheet papers it reveals that the complainant has made specific allegations against all the petitioners herein and the allegations made in the complaint are sufficient to constitute the offence alleged under Sections 323, 307, 498A, 504, 506 read with Section 149 of IPC.

2. When the police have thoroughly investigated the complaint averments after recording the relevant witnesses and filed charge sheet and the learned Magistrate after going through the contents of the charge sheet has taken cognizance of the offence 4 alleged against the petitioners when such being the case Section 482 cannot be invoked. Further added to that Section 482 is a special provision which has to be exercised in rarest of rare case where materials are available on record are of sterling quality, in order to disbelieve the case of the prosecution. In my opinion such material is not available so far as this case is concerned. The allegations made in the FIR are supported by the witnesses. Such allegations has to be thrashed out during the course of trial, to ascertain the truth or falsity.

3. In the above said circumstances, I do not find any strong reason to interfere with the order of Trial Court. Hence, petition deserves to dismissed and accordingly dismissed.

Sd/-

JUDGE sdu

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