High Court dismissed a petition under Section 482 Cr.P.C. seeking quashing of SC/ST case proceedings. The Court held it was not necessary to consider the petition on merits at the admission stage.
Petition dismissed with liberty to move the trial court for discharge. All contentions left open.
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 11TH DAY OF FEBRUARY 2021
BEFORE
THE HON’BLE MR. JUSTICE P. KRISHNA BHAT
CRL.P. NO.100210 OF 2019
BETWEEN:
…PETITIONERS
(BY SRI. S.A.NEELOPANT, ADV.)
2
AND:
…RESPONDENTS
(BY SRI.PRAVEEN K UPPAR, HCGP FOR R1) (SRI. HEMANTKUMAR L HAVARAGI, ADV. FOR R2)
THIS PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE PROCEEDINGS INITIATED AS AGAINST THE PETITIONERS IN KESHWAPUR PS CRIME NO.68/2017 AND FURTHER PROCEEDINGS IN SPL. SC/ST CASE NO.32/2018 ON THE FILE OF 2ND ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD FOR OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 504, 506, 354, READ WITH SECTION 149 OF IPC READ WITH SECTIONS 3(1)(r)(s), 10, 11 OF SC/ST (POA) ACT.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
3
ORDER
In this petition filed under Section 482 of Cr.P.C., prayer made by the petitioner is for quashing of further proceedings in Spl. SC/ST No.32/2018 on the file of the learned II Addl. District and Sessions Judge, Dharwad for offences punishable under Sections 143, 147, 504, 506, 354 read with Section 149 of IPC and Sections 3(1)(r)(s), 10 and 11 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
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the learned trial Court shall consider the same in
accordance with law. All contentions are left open.
Sd/JUDGE
JTR
2 issues framed by the court
Whether the petition under Section 482 of Cr.P.C. for quashing proceedings in an SC/ST case can be decided on merits at the admission stage.
Whether the High Court should consider the petition for quashing proceedings where the trial court has not yet framed charges.
3 provisions across 3 enactments
Shekhar S/o Balakrishna Nelavade
Shrinivas S/o Venkataraman Charaku
Prabhakar S/o Ramachandrarao Pawar
Ramesh S/o Govindaswamy Modaliyar
Muralidhar S/o Govindappa Ronad
The State of Karnataka
P. Krishna Bhat
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
