Sri Rohith Kumar S P vs Smt Pushpa C R on 9 October, 2018

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Karnataka High Court

Sri Rohith Kumar S P vs Smt Pushpa C R on 9 October, 2018

Bench: P.S. Dinesh Kumar

                            1




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 9TH DAY OF OCTOBER, 2018

                        BEFORE

     THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR

           CRIMINAL PETITION NO.4420 OF 2018

BETWEEN:

SRI ROHITH KUMAR.S.P
S/O PUTTASWAMY GOWDA,
AGED ABOUT 34 YEARS
RESIDING AT SOMANAHALLI VILLAGE,
K R PETE TALUK
MANDYA DISTRICT - 571426              ... PETITIONER

(By Sri. DHARMESH A., ADVOCATE)

AND:

1.     SMT PUSHPA C R
       W/O HANUMA SHETTY H V
       AGED ABOUT 35 YEARS
       R/AT ARAKANATHA ROAD,
       4TH CROSS, 9TH WARD,
       K R NAGARA TOWN
       MYSURU DISTRICT - 571602

2.     STATE OF KARNATAKA
       BY K R NAGAR POLICE STATION,
       MYSURU DISTRICT
       REPRESENTED BY PUBLIC PROSECUTOR
       HIGH COURT BUILDING,
       BENGALURU - 560001             ... RESPONDENTS

(By Sri.S. RACHAIAH, HCGP FOR R2)
                              2




      THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING THAT
THIS HON'BLE COURT MAY BE PLEASED TO QUASH THE ORDER
DATED 02.04.2018 PASSED IN S.C.NO.161/2018 ON THE FILE
OF VI ADDITIONAL DISTRICT AND SPECIAL JUDGE, MYSURU
AND CONSEQUENTLY QUASH THE ENTIRE PROCEEDINGS IN
S.C.NO.161/2018 ON THE FILE OF VI ADDITIONAL DISTRICT
AND SPECIAL JUDGE, MYSURU.

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


                        ORDER

Heard the learned advocate for the petitioner and the learned HCGP for the State-second respondent.

2. Petitioner is alleged of offences punishable under Section 354(A) of IPC and Section 10 of Protection of Children From Sexual Offences Act, 2012 ('POCSO' Act, for short). The matter is now set down for hearing before charge.

3. Learned advocate for the petitioner would urge that the date of offence is not forthcoming in the complaint, as also in the statement of the prosecutrix 3 and prayed for quashing the proceedings before the trial Court.

4. Admittedly, the matter is now set down before the learned Sessions Judge for hearing before charge. The offences alleged are under Section 354-A of IPC and under the provisions of POCSO Act. Police after investigation have filed the charge sheet. Therefore, it would be inappropriate to quash the proceedings on the aforesaid grounds urged by the learned advocate for the petitioner.

Resultantly the petition fails and is accordingly dismissed. No costs.

Sd/-

JUDGE ln

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