Smt.Vijaylaxmi W/O Eshwar vs The State Of Karnataka, on 9 June, 2016

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Karnataka High Court

Smt.Vijaylaxmi W/O Eshwar vs The State Of Karnataka, on 9 June, 2016

Bench: A.N.Venugopala Gowda

                        :1:


        IN THE HIGH COURT OF KARNATAKA
                 DHARWAD BENCH

      DATED THIS THE 9 T H DAY OF JUNE, 2016

                      BEFORE

THE HON'BLE MR.JUSTICE A.N.VENUGOPALA GOWDA

                  CRL.P.100224/2016
BETWEEN

SMT.VIJAYLAXMI W/O ESHWAR
AGED ABOUT: 46 YEARS,
OCC: COMMISSIONER,
CITY MUNICIPAL COUNCIL,
SIRUGUPPA,DIST: BALLARI.
(WRONGLY SHOWN AS VIJAYLAXMI SHETTY
CHIEF OFFICER, TMC).        ...  PETITIONER

(BY SRI B SHARANABASAWA, ADV. )

AND

1.    THE STATE OF KARNATAKA,
      THROUGH SIRUGUPPA TOWN POLICE STATION,
      R/BY STATE PUBLIC PROSECUTOR,
      HIGH COURT OF KARNATAKA,
      DHARWAD BENCH, AT: DHARWAD.

2.    S.ABDUL GANISAB S/O S KHADARASAB,
      AGED ABOUT: 42 YEARS,
      OCC: AGRICULTURIST,
      R/O: 1ST WARD,
      NEAR VALLURUR MASZID,
      SIRUGUPPA, TALUK: SIRUGUPPA,
      DIST: BALLARI.           ...  RESPONDENTS

(BY SRI RAJA RAGHAVENDRA NAIK, HCGP FOR R1,
SRI.MAHESH WADEYAR, ADV. FOR R.2)
                             :2:


      THIS CRIMINAL PETITION IS FILED U/S 482 OF
CR.P.C. SEEKING TO QUASH THE PRIVATE COMPLAINT
NO.157/2014, DT.01.12.2014 AND FURTHER ORDER
DTD.29.2.2016 i.e., ISSUANCE OF PROCESS AGAINST THE
PETITIONER/ACCUSED NO.6 PASSED BY THE COURT OF
CIVIL JUDGE AND JMFC, SIRUGUPPA, IN C.C.NO.214/2016
(P.C.NO.157/2016) FOR OFFENCES PUNISHABLE UNDER
SECTIONS 167, 197, 418, 423, 426 R/W SEC.34 OF IPC,
IN SO FAR AS PETITIONER IS CONCERNED.

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

                        O R D E R

Heard the learned advocates and perused the record.

2. Assailing the order passed by the learned Magistrate taking cognizance of the offence and registration of criminal case against the petitioner/accused No.6 for the offences punishable under Sections 167, 197, 418, 423, 426 read with section 34 of IPC, this petition was filed.

3. The impugned order can be assailed in a revision petition under section 397 of Cr.P.C. before the Sessions Court as held in URMILA DEVI vs. YUDHVIR SINGH, reported in (2013) 15 SCC 624. In view of :3: availability of statutory remedy, I decline to exercise inherent powers.

4. Reserving liberty to the petitioner to avail statutory remedy and leaving open all contentions raised herein the petition is disposed of.

Time taken in prosecution of this petition from 9.3.2016 shall stand excluded if the revision court is approached for remedy within a period of four weeks.

Certified copies produced along with this petition be returned to the learned advocate for the petitioner.

Sd/-

JUDGE Sub/

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