The High Court of Karnataka Criminal Bench dismissed a criminal petition under Section 482 Cr.P.C. seeking quashing of a charge sheet. The court allowed the petitioners to pursue a pending discharge application before the trial Court.
Petition dismissed with liberty to pursue pending discharge application before the trial Court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 9TH DAY OF FEBRUARY 2021
BEFORE
THE HON’BLE MR. JUSTICE P. KRISHNA BHAT CRL.P. NO.100162 OF 2019
BETWEEN:
1 . BASAVARAJ S/O CHANABASAPPA HOMBALI AGE: 40 YEARS, OCC: AGRICULTURE, R/O: NISSIMALADAKATTI, TQ: HANGAL, DIST: HAVERI.
2 . MANJUNATH S/O CHANABASAPPA HOMBALI AGE: 26 YEARS, OCC: AGRICULTURE, R/O: NISSIMALADAKATTI, TQ: HANGAL, DIST: HAVERI.
3 . NISSIMAPPA S/O IRAPPA NITAGINAKOPPA AGE: 42 YEARS, OCC: AGRICULTURE, R/O: NISSIMALADAKATTI, TQ: HANGAL, DIST: HAVERI.
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R/O: NISSIMALADAKATTI, TQ: HANGAL, DIST: HAVERI. .. PETITIONERS
(By Sri. PATIL M. H., ADVOCATE ) AND:
1 . STATE OF KARNATAKA BY ADUR POLICE, TQ: HANGAL, DIST: HAVERI, R/BY SPP, HIGH OCURT OF KARNATAKA, DHARWAD.
2 . KALLAPPA S/O CHINNAPPA GADAGOLI AGE: 44 YEARS, OCC: AGRICULTURE, R/O: MUKKAL, TQ: KALAGHATAGI, DIST: DHARWAD. .. RESPONDENTS
(BY SRI. PRAVEEN K.UPPAR, HCGP FOR R.1.)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. SEEKING TO QUASH THE CHARGE SHEET FILED BY THE DY.S.P. SHIGAON SUB-DIVISION IN ADUR P.S. M.A.G CRIME NO.287/2017 WHICH IS PENDING ON THE FILE OF THE I ADDL. DIST. & SESSIONS JUDGE, HAVERI, UNDER S.C.NO.46/2018 FOR THE OFFENCES P/U/S 323, 498-A, 302, 201 R/W SEC. 34 OF IPC AND ALSO SEC. 3 & 4 OF D.P. ACT.
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THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioners submits that the
petitioners have filed discharge application before the learned I Additional District and Sessions Judge, Haveri, in S.C.No.46/2018 and it is still pending.
Sd/JUDGE
Mgn/-
1 issue framed by the court
Whether to quash the charge sheet and criminal proceedings pending before the trial Court.
1 provisions across 1 enactments
BASAVARAJ S/O CHANABASAPPA HOMBALI
MANJUNATH S/O CHANABASAPPA HOMBALI
NISSIMAPPA S/O IRAPPA NITAGINAKOPPA
SMT.SHILPA W/O NISIMAPPA NITAGINAKOPPA
STATE OF KARNATAKA BY ADUR POLICE
KALLAPPA S/O CHINNAPPA GADAGOLI
P. KRISHNA BHAT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
