Disposed

Ganesh S/O Gurunath Savanur v. the State of Karnataka

Karnataka HC15 Feb 2021CRL.P/100053/2018

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of two criminal petitions filed under Section 482 of Cr.P.C. for quashing an order of cognizance. The court held it was not necessary to examine merits and listed them for revision before the Learned Sessions Judge. All contentions were kept open.

What did the court decide?

Disposed with liberty to file revision under Section 397 of Cr.P.C. before the Sessions Judge. All contentions kept open.

Ganesh S/O Gurunath Savanur Vs the State… — Contract and Commercial Disputes | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 15^TH DAY OF FEBRUARY 2021

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BEFORE

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THE HON’BLE MR. JUSTICE P. KRISHNA BHAT

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CRL.P.NO.100030 OF 2018

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C/W

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CRL.P.NO.100053 OF 2018

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IN CRL.P.NO.100030 OF 2018

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BETWEEN

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DHRUVAKUMAR S/O VEERAPPA HOSALLI AGE: 46 YEARS, OCC: REVENUE INSPECTOR, R/O: KUNDAGOL, TQ: KUNDAGOL, DIST: DHARWAD.

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...PETITIONER

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(BY SRI. R H ANGADI, ADV.,)

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AND

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THE STATE OF KARNATAKA (KUNDAGOL POLICE STATION), R/BY ITS S.P.P. HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD.

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CHANDRASHEKARGOUDA S/O. SIDDANGOUDA PATIL, AGE: 80 YEARS, OCC: AGRICULTURE, R/O: HIREHARKUNI, TQ: KUNDAGOL, DIST: DHARWAD.

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…RESPONDENTS

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(BY SRI. PRAVEEN K UPPAR, HCGP FOR R1; SRI. PRASHANT KADADEVAR, ADV., FOR R2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., SEEKING TO ALLOW THE PETITION AND TO QUASH THE ORDER OF COGNIZANCE DATED 25.10.2017 IN C.C.NO. 382 OF 2017, PENDING ON THE FILE OF CIVIL JUDGE AND JMFC, KUNDAGOL, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 409, 417, 418, 468, 471, 166(A) READ WITH SECTION 120(B) OF IPC AS AGAINST THIS PETITIONER.

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IN CRL.P. NO.100053 OF 2018

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BETWEEN

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GANESH S/O GURUNATH SAVANUR AGE: 42 YEARS, OCC: SHIRASTEDAR, R/O: KUNDAGOL, TQ: KUNDAGOL, DIST: DHARWAD. (BY SRI. R H ANGADI, ADV.,)

...PETITIONER

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AND

THE STATE OF KARNATAKA (KUNDAGOL POLICE STATION) R/BY ITS S.P.P., HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD.

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CHANDRASHEKARGOUDA S/O SIDDANGOUDA PATIL, AGE: 80 YEARS, OCC: AGRICULTURE, R/O: HIREHARKUNI, TQ: KUNDAGOL, DIST: DHARWAD.

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…RESPONDENTS

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(BY SRI. PRAVEEN K UPPAR, HCGP FOR R1; SRI. PRASHANT KADADEVAR, ADV., FOR R2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., SEEKING TO ALLOW THIS PETITION AND TO QUASH THE ORDER OF COGNIZANCE DATED 25.10.2017 IN C.C.NO.382 OF 2017 PENDING ON THE FILE OF CIVIL JUDGE AND JMFC, KUNDAGOL, FOR THE OFFENCES PUNISHABLE UNDER SECTION 409, 417, 418, 468, 471, 166(A) READ WITH SECTION 120(B) OF IPC AS AGAINST THIS PETITIONER.

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THESE PETITIONS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Pursuant to the direction issued on 27.01.2021, the learned JMFC has forwarded the separate order passed by him on 25.10.2017 taking cognizance for the offences against the petitioners herein.

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In these petitions, the petitioners are seeking quashing of the order dated 25.10.2017 by which cognizance has been taken by the learned JMFC for offences punishable under Sections 409, 417, 418, 468, 471, 166(A) read with Section 120(B) of IPC. Such an order passed by the learned Trial Court is revisable under Section 397 of Cr.P.C., as held by the Hon’ble Supreme Court in a decision reported in (2013) 15 SCC 624 – Urmila Devi vs. Yudhvir Singh.

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In that view of the matter, it is not necessary for this Court to go into the merits of these cases at this stage and accordingly, both the petitions are disposed of with liberty to the petitioners to file appropriate revision

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petitions before the learned Sessions Judge under Section 397 of Cr.P.C., in which event, the same shall be considered in accordance with law. All contentions are

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kept open.

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Sd/JUDGE

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yan

Ganesh S/O Gurunath Savanur v. the State of Karnataka

Case brief

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Ganesh S/O Gurunath Savanur v. the State of Karnataka

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