The High Court of Karnataka dismissed a criminal petition seeking quashing of proceedings. It held that since the petitioner had already withdrawn an earlier writ petition with liberty to apply for discharge before the trial court, subsequent events could not ground challenge to the existing prosecution.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ CRIMINAL PETITION NO. 3242 OF 2023
BETWEEN:
Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA
(BY SRI. K. THARANATH SHETTY, ADVOCATE)
AND:
…PETITIONERS
NC: 2023:KHC:40268 CRL.P No. 3242 of 2023
R/AT ADYAPADY HOUSE, ADYAPADY VILLAGE AND POST, MANGALURU TALUK, D.K.DISTRICT - 574 142.
…RESPONDENTS
(BY SMT. WAHEEDA S.S, HCGP FOR R1; SRI. RAJASHEKAR. S, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO QUASH THE ENTIRE PROCEEDINGS SPECIAL CASE NO.11/2016 PENDING ON THE FILE OF THE HONBLE 2ND ADDITIONAL DISTRICT AND SESSIONS JUDGE AT MANGALURU, D.K. DISTRICT, FOR THE ALLEGED OFFENCES P/U/S 341, 323, 504, 506 R/W 149 OF IPC AND SECTION 3(1)(x) OF THE SC AND ST (PREVENTION OF ATROCITIES) ACT, 1989 AND GRANT SUCH OTHER RELIEF / RELIEFS AS THIS HONBLE COURT DEEMS FIT TO GRANT UNDER THE CIRCUMSTANCES OF THE CASE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed seeking quashing of the proceedings initiated against the petitioner in Spl.CC.No.11/2016 pending trial before the II Additional District and Sessions Judge, Mangaluru, for the offences punishable under Sections 341, 323, 504, 506 read with Section 149 of IPC and Section 3(1)(x) of the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities Act) 1989.
"2. After arguing for some time, the petitioner's counsel seeks permission of this court to withdraw the petition with a liberty to file an appropriate application for his discharge before the trial Court.
3. In view of the submission made, the petitioner is dismissed as withdrawn with such liberty as prayed. If any such application is filed, the trial Court has to hear both the sides and pass appropriate order in accordance with law."
challenged the 'B' report by filing a protest petition and the trial Court after conducting an enquiry held by the order dated 20.09.2021 that the complaint launched by respondent No.2 was mischievous and even the complaint launched in Crime No.58/2015 resulting in Spl.Case No.11/2016 was also false. He therefore, submits that the petitioner is entitled to challenge the prosecution initiated against him in the view of the subsequent event.
NC: 2023:KHC:40268 CRL.P No. 3242 of 2023
In that view of the matter, this petition is dismissed .
Sd/JUDGE
PK CT: BHK
Sri. A. Dinakar Rai
Sri. Shrinivasa Shetty
State by Bajape Police Station
Sri. Gangadhara
R. Nataraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
