Dismissed

Hulagappa S/O. Hanamappa Bhovi v. Smt. Shyamala W/O. Basavaraj Kundgal

Karnataka HC8 Feb 2021CRL.P/101127/2018

Case brief

AI extract

What is this about?

The High Court of Karnataka dismissed a petition filed under Section 482 CrPC seeking quashal of criminal proceedings. The court held the impugned order was amenable to revision under Section 397 CrPC, citing Urmila Devi vs. Yudhvir Singh, and thus declined to intervene, leaving the matter for review by the Sessions Court.

What did the court decide?

The petition was dismissed; the parties are granted liberty to approach the learned Sessions Court under Section 397 CrPC.

Hulagappa S/O. Hanamappa Bhovi Vs Smt. Shyamala W/O… — Quashing and FIR | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 08^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.101127OF 2018

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BETWEEN:

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HULAGAPPA S/O HANAMAPPA BHOVI AGE:66 YEARS, OCC:GOUNDI R/O TAVARAGERA, TQ:KUSTAGI, DIST:KOPPALA.

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HULIGEMMA W/O VEERESHEPPA BHOVI AGE:48 YEARS, OCC:HOUSEHOLD, R/O TAVARAGERA, TQ:KUSTAGI, DIST:KOPPALA.

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NAGARAJ S/O VERESHEPPA BHOVI AGE:28 YEARS, OCC:AGRICULTURIST, R/O TAVARAGERA, TQ:KUSTAGI, DIST:KOPPALA.

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VEERESH S/O HANAMAPPA BHOVI AGE:51 YEARS, OCC:AGRICULTURIST, R/O TAVARAGERA, TQ:KUSTAGI, DIST:KOPPALA.

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RAMESH S/O CHATRAPPA WALIKAR AGE:46 YEARS, OCC:AGRICULTURIST, R/O TAVARAGERA, TQ:KUSTAGI, DIST:KOPPALA.

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SHYAMANNA S/O DURGAPPA HUNGUDN AGE:46 YEARS, OCC:AGRICULTURIST, R/O TAVARAGERA, TQ:KUSTAGI,

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DIST:KOPPALA.

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DR. SHANKAR S/O VEERAPPA MADIVALAR AGE:36 YEARS, OCC:PRIVATE MEDICAL PRACTITIONER R/O TAVARAGERA, TQ:KUSTAGI,

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DIST:KOPPAL.

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…PETITIONERS

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(BY SMT. DEEPA UDIYAR, FOR SRI. J.S. SHETTY, ADVS.)

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AND:

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SMT. SHYAMALA W/O BASAVARAJ KUNDGAL AGE:30 YEARS, OCC:HOUSEHOLD, R/O TAVARAGERA, TQ:KUSTAGI,

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DIST:KOPPALA.

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THE STATE OF KARNATAKA BY ITS KUSTAGI POLICE STATION AUTHORITIES, BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD.

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…RESPONDENTS

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(BY SRI.CHANDRASHEKHAR R HIREMATH, ADV. FOR R1 (SRI. PRAVEEN K UPPAR, HCGP FOR R2)

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THIS PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDEINGS INITIATED BY THE RESPONDENT IN PC NO.53/2012 NOW NUMBERED AS CC NO.936/2017 ON THE FILE OF THE COURT OF ADDL. CIVIL JUDGE AND JMFC, KUSHTAGI AGAINST THE PETITIONERS HEREIN FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 147, 420, 465, 468, 471 READ WITH SECTION 149 OF IPC BY ALLOWING THIS CRIMINAL PETITION, WITH COST THROUGHOUT, IN THE ENDS OF JUSTICE AND EQUITY.

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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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In this petition filed under Section 482 of Cr.P.C., all further proceedings pursuant to CC No.936/2017 on the file of the learned Addl. Civil Judge and JMFC, Kushtagi arising from PC No.53/2012 for offences punishable under Sections 147, 420, 465, 468, 471 read with Section 149 of IPC, are sought to be quashed.

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The order under challenge is amenable under Section 397 of Cr.P.C. to revisional jurisdiction of the learned Sessions Judge. This aspect of the matter is fully covered by the decision of the Hon’ble Supreme Court in (2013) 15 SCC 624 – Urmila Devi vs. Yudhvir Singh . Therefore, this matter need not be considered by this Court at this stage. Accordingly, this petition is dismissed reserving liberty to the petitioner herein to approach the learned Sessions Court under Section 397 of Cr.P.C., in which event, the learned Sessions Judge shall consider the

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same in accordance with law. All contentions are left

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open.

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

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dismissed as not surviving for consideration.

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Sd/JUDGE

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JTR

Hulagappa S/O. Hanamappa Bhovi v. Smt. Shyamala W/O. Basavaraj Kundgal

Case brief

What is this about?

What did the court decide?

Hulagappa S/O. Hanamappa Bhovi v. Smt. Shyamala W/O. Basavaraj Kundgal

Case brief

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