Partly allowed

Sarojini W/O. Gireppa Jakkannavar v. Channayya S/O. Mallayya Hireamth

Karnataka HC18 Feb 2021CRL.P/100345/2018

Case brief

AI extract

What is this about?

Criminal Petition under Section 482 Cr.P.C. filed to quash an order calling for records. This Court directed the Sessions Judge to specifically hear the petitioners to determine if the alleged crimes are actually case and counter case before taking final decision.

What did the court decide?

Petition allowed in part; Sessions Judge directed to hear petitioners on issue of whether crimes are case and counter case.

Sarojini W/O. Gireppa Jakkannavar Vs Channayya… — Criminal Trial and Appeal | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 18^th DAY OF FEBRUARY 2021

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BEFORE

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THE HON’BLE MR. JUSTICE P. KRISHNA BHAT CRL.P. NO.100345/2018

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BETWEEN:

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1 . SAROJINI W/O. GIREPPA JAKKANNAVAR AGE:53, OCC:HOUSEHOLD WORK, 2 . MARUTI S/O. YALLAPPA GODALAKUNDARAGI AGE:61, OCC:AGRICULTURE, 3 . CHANNABASAPPA BASAVANNI MODAGI AGE:57, OCC:AGRICULTURE, 4 . SANGAPPA BASAVANEPPA MISINAIK AGE:67, OCC:AGRICULTURE, 5 . BASAVANI S/O. BASAPPA SATTENAIK AGE:55, OCC:AGRICULTURE, 6 . NIRMALA W/O. MAHADEV BADALMMAGOLE AGE:35, OCC:HOUSEIWFE,

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7 . SHIVABASAVVA W/O. GANGAPPA TALAWAR AGE:58, OCC:HOUSE HOLD WORK, 8 . JAIYASHRI W/O. NINGAPPA GUTTI AGE:32, OCC:HOUSE HOLD WORK, 9 . SANTOSH GIREPPA JAKKANNAWARA AGE:36, OCC:AGRICULTURE, 10 . SHANKAR W/O. GIREPPA JAKKANNAWARA AGE:32, OCC:AGRICULTURE, 11 . IRAPPA S/O. GIREPPA JAKKANNAWARA AGE:29, OCC:AGRICULTURE, 12 . GIREPPA S/O. TIPPANNA JAKKANNAWARA AGE:65, OCC:AGRICULTURE, 13 . MARUTI S/O. GANGAPPA TALAVARA AGE:38, OCC:AGRICULTURE, 14 . BASAVARAJA S/LO. GULAPPA GASTI AGE:23, OCC:AGRICULTURE, 15 . MAHADEV S/O. MARUTI BADALAMMAGOLA AGE:36, OCC:AGRICULTURE, ALL ARE R/O. SULADALA,

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TQ:GOKAK, DIST:BELAGAVI.

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16 . NINGAPPA S/O. BASAVANNEPPA GUTTI AGE:57, OCC:AGRICULTURE, 17 . BUDDIVANTEPPA S/O. IRAPPA MODAGI AGE:42, OCC:AGRICULTURE, 18 . MALLAPPA S/O. IRAPPA MODAGI AGE:43, OCC:AGRICULTURE, 19 . IRAGONDA S/O. BASAVANNI MODAGI AGE:29, OCC:AGRICULTURE, 20 . ARVIND S/O. KUMAR IRAPPA MODAGI AGE:31, OCC:AGRICULTURE, 21 . MARUTI S/O. IRAGONDA MODAGI AGE: 35, OCC:AGRICULTURE, 22 . BASAVARAJ S/O. RUDRAPPA MODAGI AGE:38, OCC:AGRICULTURE, 23 . PANDAPPA S/O. BASAVANNEPPA MODAGI AGE:48, OCC:AGRICULTURE, ALL ARE R/O. SULADALA VUILLAGE, TQ:GOKAK, DIST:BELAGAVI. ...PETITIONERS (BY SRI. K ANANDKUMAR, ADV)

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AND

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1 . CHANNAYYA S/O. MALLAYYA HIREAMTH AGE ABOUT 41 YEARS, OCC:AGRICUALTURE, R/O. SULADALA VILLAGEM, TQ:GOKAK, DIST:BELAGAVI.

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2 . BASAYYA S/O. MALLAYYA HIREMATH AGE ABOUT 59 YEARS, OCC:AGRICUALTURE, R/O. SULADALA VILLAGEM, TQ:GOKAK, DIST:BELAGAVI.

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THE STATE OF KARNATAKA BY THE POLICE INSPECTOR, ANKALAGI POLICE STATION, REPT. BY ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA DHARWAD BENCH, AT DHARWAD. …RESPONDENTS

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(BY M.J. PEERJADE, ADV. FOR R1 & R2 SRI. PRAVEEN K.UPPAR, HCGP FOR R3)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., SEEKING TO ALLOW THIS CRIMINAL PETITION CONSEQUENTLY BE PLEASED TO SET ASIDE THE IMPUGNED ORDER DATED 12/01/2018 PASSED BY THE XII ADDL. DISTRICT & SESSIONS JUDGE AT BELAGAVI SITTING AT GOKAK, IS S.C. NO.203/2017.

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

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ORDER

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The petitioners herein are praying for quashing of the order dated 12/1/2018 passed by the learned XII Additional District and Sessions Judge, Belgaum, sitting at Gokak in SC No.203/2017 by which the learned Sessions Judge has called for the records in CC No.969/2016 (arising from Crime No.106/2015 of Ankalgi P.S.)

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The order dated 12/1/2018, shows that the learned Sessions Judge while passing the impugned order had before him an application filed by respondent No.1 herein to the effect that Crime No.106/2015 of Ankalgi police station was a counter case to Crime No.105/2015 of Ankalgi police Station which was after charge sheet numbered as SC No.203/2017 before the learned XII Additional District and Sessions Judge, Belgaum, sitting at Gokak.

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The only contention urged before me by Sri. K.Anand Kumar, the learned counsel for the petitioner is that the application filed by respondent No.1 stating that it is indeed a

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counter case is incorrect. The precise submission of Sri.K.Anand Kumar is that Crime Nos.105/2015 and 106/2015 of Ankalagi police station are not case and counter case. It is not necessary in this proceedings to go into the charge sheet, FIR etc. to find out whether they are really case and counter case and, on the other hand, the said enquiry can be conveniently done by the learned Sessions Judge himself who has decided to call for the records on the application of respondent No.1 herein without coming to any definite conclusion as to whether they are case and counter case actually. Accordingly, I proceed to pass the following:-

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The petition is allowed in part with a direction to the learned XII Additional District and Sessions Judge, Belgaum sitting at Gokak to hear the petitioners herein who are accused in CC No.969/2016 on the question as to whether Crime No.105/2015 and Crime No.106/2015 are case and counter

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case.

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In view of the above order, IA No.1/2018 is

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dismissed. All contentions are left open.

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Sd/JUDGE

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Vmb

Sarojini W/O. Gireppa Jakkannavar v. Channayya S/O. Mallayya Hireamth

Case brief

What is this about?

What did the court decide?

Sarojini W/O. Gireppa Jakkannavar v. Channayya S/O. Mallayya Hireamth

Case brief

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What did the court decide?

What the court decided

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