High Court of Karnataka rejected a petition under Section 482 CrPC challenging an order refusing to discharge, holding no prejudice caused.
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IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
DATED THIS THE 16TH DAY OF JUNE, 2016
BEFORE
THE HON’BLE MR.JUSTICE ANAND BYRAREDDY
CRIMINAL PETITION NO.200583/2016
BETWEEN:
Tammanagouda S/o Gurlingappagouda Patil, Aged about 45 years, Occupation: Agriculture, Resident at Nagavi Village, Taluk: Sindagi, District: Vijayapur.
… PETITIONER
(Shri G.G. Chagashetti, Advocate)
AND:
The State of Karnataka Through Sindagi Police Represented by State Public Prosecutor, High Court of Karnataka, Kalaburagi.
… RESPONDENT
(Shri Maqbool Ahmed, Government Pleader)
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This Criminal Petition is filed under Section 482 of Code of Criminal Procedure, 1973, praying to allow this Criminal Petition and set-aside the order dated 06.02.2016, passed by the III Additional District Judge, Vijayapur in S.C.No.114/2014 and discharge the petitioner from the charges leveled against him.
This petition coming on for Admission this day, the Court made the following:
O R D E R
As rightly pointed out by the learned Government Pleader, the order refusing to discharge accused No.2 is after addressing the case on the prima facie material available and assigning reasons which is not contemplated under the procedure, for the Court is required to assign reasons only if it thinks fit to discharge the accused.
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opportunity to contest the case in the usual course, there is no
prejudice caused.
The petition is rejected.
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Tammanagouda
The State of Karnataka
Anand Byrareddy
As recorded by the court registry
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