Dismissed

Princekumar S/O. Jaoprakash v. State of Karnataka

Karnataka HC3 Feb 2021CRL.P/101371/2018

Case brief

AI extract

What is this about?

The High Court of Karnataka, Dharwad Bench, dismissed a petition under Section 482 CrPC seeking quashing of proceedings for dowry-related and sexual offences, directing the petitioner to approach the trial court for discharge instead.

What did the court decide?

The petition was dismissed; liberty reserved to file an application seeking discharge before the trial court.

Princekumar S/O. Jaoprakash Vs State of Karnataka — Dowry and Cruelty | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 3^RD 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.101371 OF 2018

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BETWEEN:

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PRINCEKUMAR S/O. JAIPRAKASHSINGH

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AGE:21 YEARS, OCC:STUDENT, R/O. GONIYACHAPRA BAIRIYA, DT:BALIYA, UTTAR PRADESH. …PETITIONER

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(By SMT. CHITRA M. GOUNDALKAR, ADV. FOR NEELENDRA D. GUNDE.)

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AND;

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1 . STATE OF KARNATAKA

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BY MARIHAL POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580001.

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2 . MR SANJAYKUMAR SINGH S/O. DHANANJAY SINGH, R/O. GAHAMAR PATTI, CHLAURAYA THANI, TASHIL, GAHAMAR,

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DT:JAMANIYA, STATE:UTTAR PRADESH. ..RESPONDENTS

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(By SRI. PRAVEEN K. UPPAR, HCGP FOR R1)

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THIS PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS INITIATED AGAINST THE PETITIONER IN MARIHAL POLICE CRIME NO. 189/2013 PENDING BEFORE LEARNED VIII ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI IN S.C.NO.31/2015 BEING TRIED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498-A, 3O4(B), 376, 504, 506, 307, 511 R/W. SEC. 149 OF IPC AND SECS. 3 AND 4 OF DOWRY PROHIBITION ACT, IN THE INTEREST OF JUSTICE.

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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 present petitioner who is accused No.6 in the split up charge sheet arising from Marihal Police Crime No. 189/2013 and S.C.No.31/2015 before the learned VIII Additional District and Sessions Judge, Belagavi, for offences punishable under Sections 498-A, 3O4(B), 376, 504, 506, 307, 511 read with Section 149 of IPC and Sections 3 AND 4 of Dowry Prohibition Act, 1961, has filed this petition under Section 482 of Cr.P.C.

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The allegation in the charge sheet discloses that deceased was the wife of the brother of the present petitioner. Since the present petitioner was absconding, split up charge sheet was filed against him. Now the charge sheet has been filed after the appearance of the present petitioner and the matter stands committed to learned Sessions Court at Belagavi, for offences punishable under Sections 498-A, 3O4(B), 376, 504, 506, 307, 511 read with Section 149 of IPC and Sections 3 AND 4 of Dowry Prohibition Act, 1961. The incident resulting in the death of the wife of the brother of the present petitioner seems to have taken place in the year 2013. It is at this stage not necessary for this Court to go into the merits of the petition and it is open to the petitioner to file necessary application seeking discharge before the learned trial Court.

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Accordingly, this petition is dismissed reserving liberty to the petitioner to file application seeking discharge and if such application is filed, learned trial

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Court shall consider the same in accordance with law. All

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contentions are left open.

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Sd/JUDGE

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Mgn/-

Princekumar S/O. Jaoprakash v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Princekumar S/O. Jaoprakash v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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