Dismissed

Kusum W/O Satyanarayana Wahi v. the State of Karnataka

Karnataka HC8 Nov 2023CRL.P/102200/2022

Case brief

AI extract

What is this about?

This criminal petition under Section 482 of Cr.P.C. sought to quash an order forfeiting bail bonds and issuing proclamation. The Court held the petition not maintainable as a specific remedy to challenge the order exists before the Sessions Court, dismissing the petition.

What did the court decide?

The criminal petition under Section 482 of Cr.P.C. is dismissed as it is not maintainable where a specific remedy lies.

Kusum W/O Satyanarayana Wahi Vs the State of Karnataka — Dowry and Cruelty | Karnataka HC (2023)

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NC: 2023:KHC-D:13033 CRL.P No. 102200 of 2022

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 8^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

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CRIMINAL PETITION NO.102200 OF 2022

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BETWEEN:

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KUSUM W/O SATYANARAYANA WAHI, AGE. 63 YEARS, OCC. RETD. TEACHER, R/O. C.19/77, 3K LALLAPUR, KURAD THANA, SIGIRA, NEAR KASHI VIDYAPEETHA, GATE NO. 2, VARANASI-221002, UTTARA PRADESH.

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Digitally signed by VIJAYALAKSHMIM KANKUPPI VIJAYALAKSHMIM KANKUPPI Date: 2023.11.09 10:59:19 +0530

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ARATI W/O ISHANT KAPUR D/O SATYANARAYANA, AGE. 32 YEARS, OCC. HOUSEWIFE, R/O. C.19/77, 3K LALLAPUR, KURAD THANA, SIGIRA, NEAR KASHI VIDYAPEETHA, GATE NO. 2, VARANASI-221002 UTTARA PRADESH.

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POOJA W/O SATISH YADAV, AGE. 38 YEARS, OCC. DOCTOR, R/O. VIGNA VINAYAK APARTMENT, RR NO. 311, VIJAYANAGAR, NALASUPARA , EAST THANA, MUMBAI-401209, STATE OF MAHARASHTRA.

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SMT. NAINTARA W/O SOHANLAL ARORA, AGE. 65 YEARS, OCC. HOUSEHOLD,

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NC: 2023:KHC-D:13033 CRL.P No. 102200 of 2022

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R/O. KAUSHLESH NAGAR, NARIYA, VARANASI-221005, UTTARA PRADESH.

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… PETITIONERS

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(BY SRI. RAJA RAGHAVENDRA V. NAIK, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, THROUGH HUBBALLI DHARWAD MAHILA P.S., DIST. DHARWAD-580030, R/BY ITS STATE PUBLIC PROSECUTOR,, ADVOCATE GENERAL OFFICE, DHARWAD.

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SMT. VIDYA W/O ASHATOSH WAHI, AGE 35 YEAS, OCC.HOUSEHOLD, R/O. ARAVIND NAGAR, OLD HUBBALLI, PRESENTLY RESIDING AT KANTARAJI POST , GUDNAPUR-581318, TQ. SIRSI, DIST. KARWAR.

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… RESPONDENTS

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(BY SRI. P.N HATTI, HCGP FOR R1; SRI. A.R. PATIL, ADVOCATE FOR R2)

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THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO QUASH THE ORDER DATED 12.11.2019 WITH RESPECT TO FORFEITURE OF BAIL BOND AND ISSUANCE OF ORDER OF PROCLAMATION AGAINST THE PETITIONERS/ACCUSED NO.1, 2, 3 AND 6 IN CC NO.1755/2016 PENDING ON THE FILE OF JMFC-II, HUBBALLI REGISTERED FOR THE OFFENCES PUNISHABLE U/S 498A, 323, 504, 506 R/W 34 OF IPC AND SECTION 3 AND 4 OF DOWRY PROHIBITION ACT.

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NC: 2023:KHC-D:13033 CRL.P No. 102200 of 2022

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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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This petition is filed under Section 482 of Cr.P.C praying to quash the order dated 12.11.2019 passed in C.C.No.1755/2016 by learned JMFC-II, Hubballi. The said order reads as under;

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“Accused No.1 to 4 & 6 are absent.

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Surety notice of A-1 to 4 & 6 issued through RPAD is S/p on 08.11.2019 as per net status. Called out, absent.

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The bail bond and surety bond of Accused No.1 to 4 & 6 is hereby cancelled. The bail bond and surety bond amount of Rs.25,000/- each is hereby forfeited to the state.

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Office to register separate Crl.Misc case against Accused No.1 to 4 & 6 as well as his surety stood for Accused No.1 to 4 & 6 for recovery of forfeited bond amount.

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Issue proclamation against Accused No.1 to 4 & 6 as per Sec.82 of Cr.P.C by 31.12.2019.”

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4 - NC: 2023:KHC-D:13033 CRL.P No. 102200 of 2022

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The petitioners are accused Nos.1, 2, 3 and 6

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facing trial for the offences punishable under Sections

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498A, 323, 504, 506, 143, 144, 145, 147, 148 read with Section 149 of Indian Penal Code. The order which is subject matter of this petition is passed by JMFC-II Court, Hubballi and it is the order revisable by the Sessions Court. There is a remedy for these petitioners to challenge the said order dated 12.11.2019 before the Sessions Court. Therefore when there is a specific remedy, the petition under Section 482 of Cr.P.C seeking quashing of the said order is not maintainable. Hence, the criminal petition is dismissed.

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Sd/JUDGE

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AM CT:BCK List No.: 1 Sl No.: 13

Kusum W/O Satyanarayana Wahi v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Kusum W/O Satyanarayana Wahi v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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