Criminal Petitioner sought quashing of criminal proceedings under Section 482 Cr.P.C. citing pending counter case. Judge found no merit, dismissed petition, and disposed of associated IA.
Petition to quash proceedings under Section 482 Cr.P.C. dismissed.
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 10th DAY OF FEBRUARY 2021
BEFORE
THE HON’BLE MR. JUSTICE P. KRISHNA BHAT CRL.P. NO.101066/2018
BETWEEN:
SMT. SEEMA D/O ISHWAR JAKATI AGE: 37 YEARS, OCC: HOUSEHOLD, R/O: LAST BUS STOP, SAI NAGAR CROSS, UNAKAL, HUBBALLI, DIST: DHARWAD.
...PETITIONER
(BY SMT. PADMAJA TADAPATRI, ADV. FOR SRI. S.S.BETURMATH, ADV.)
AND
1 . THE STATE OF KARNATAKA THROUGH VIDYANAGAR POLICE, REP. BY SPP, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. 2 . SMT.SUDHA W/O NAGANAGOUDA GADIGEPPAGOUDAR, AGE 35 YEARS, OCC: HOUSEHOLD, R/O: SAMUDAY BHAVAN LINGARAJ NAGAR, HUBBALLI, DIST: DHARWAD. ….RESPONDENTS
(BY SRI.PRAVEEN K.UPPAR, HCGP FOR R1)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., SEEKING TO QUASH THE PROCEEDINGS IN C.C.NO. 117/2018 (VIDYANAGAR POLICE STATION CRIME NO. 203/2016) ON THE FILE OF JMFC-II COURT, HUBBALLI, FOR THE OFFENCES PUNISHABLE UNDER SECTION 323, 324, 341 AND 506 OF IPC.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned HCGP submits that in this case, the charge sheet is pending in CC No.117/2018 on the file of the learned JMFC II Court, Hubli, for offences punishable under Sections 323, 324, 341 and 506 of IPC. He further submits that the case now stands posted for evidence on 16/3/2021. He also submits that the counter case in CC No.710/2018 is also pending before the same Court for trial on 22/2/2021. Obviously, the petitioners herein has not sought for discharge before the learned Court below and the learned Court below on appreciating the charge sheet allegations has found it necessary to proceed with the trial and accordingly, has framed the charges. Since there is a counter case arising from the incident, it would be possible to ascertain as to who are the aggressors and who are the victims in a proceedings of this nature at this stage. Therefore, it is not appropriate to hold the proceedings at this stage and since there
is a counter case also, this is a fit case where trial should take place.
this case. Accordingly, the following:-
The above petition is dismissed.
In view of the above order, IA 1/2018 does not survive for
consideration and accordingly, it is disposed of.
Sd/JUDGE
Vmb
1 issue framed by the court
Whether proceedings under Section 482 Cr.P.C. can be quashed when a counter case is pending and ascertaining aggressors requires trial.
2 provisions across 2 enactments
SEEMA D/O ISHWAR JAKATI
THE STATE OF KARNATAKA THROUGH VIDYANAGAR POLICE
SMT.SUDHA W/O NAGANAGOUDA GADIGEPPAGOUDAR
P. KRISHNA BHAT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
