Criminal petition filed under Section 482 Cr.P.C. to quash orders summoning petitioners as co-accused. Held infructuous since subsequent Section 319 application by prosecution was rejected by the trial court.
Criminal petition dismissed as infructuous as the trial court had rejected the prosecution's application under Section 319 Cr.P.C.
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.
CRL.P No. 847 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ CRIMINAL PETITION NO. 847 OF 2020
BETWEEN:
Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA
SI.NOS. 1 TO 3 R/O NO.10/1, 2ND MAIN, 2ND CROSS, R. M. V. EXTENSION, 2ND STAGE, 3RD BLOCK, CHIKKAMARANAHALLI, BENGALURU NORTH - 560 094.
S/O. POVVAPPA SAPALYA, AGED ABOUT 41 YEARS, R/O #4-86/1, PUTHROIL HOUSE, BANTWAL TALUK, NARIKOMBU, DAKSHINA KANNADA - 574 231.
NOS. 5 & 6 RESIDENT OF 6TH WARD, BELLAVI ROAD, BHEEMSANDRA, SSMC POST, TUMAKURU - 572 102.
…PETITIONERS
(BY SRI. SALMAN, ADVOCATE)
AND:
REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDINGS, BANGALORE - 560 001.
…RESPONDENTS
(BY SRI. KRISHNA KUMAR K. K, HCGP FOR R1)
THIS CRL.P IS FILED U/S 482 OF CR.P.C. PLEASED TO QUASH THE ORDERS VIDE ANNEXURE-F DATED 20.12.2019 IN CRL.RP.NO.82/2017 PASSED BY THE II ADDITIONAL SESSIONS JUDGE, TUMAKURU AND VIDE ANNEXURE-E THE ORDER DATED 27.09.2017 IN C.C.NO.708/2011 PENDING ON THE FILE OF I ADDITIONAL SENIOR CIVIL JUDGE AND C.J.M., TUMAKURU AND ETC.,
CRL.P No. 847 of 2020
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the proposed accused challenging an order dated 20.12.2019 passed by the II Additional Sessions Judge, Tumakuru (hereinafter referred to as 'Revision Court' for short) in Crl.R.P.No.82/2017, by which, it allowed the revision petition and set aside an order dated 27.09.2017 passed by the I Additional Senior Civil Judge and CJM, Tumakuru (hereinafter referred to as 'Trial Court' for short) in C.C.No.708/2011 and remitted the case back to the trial Court to issue prior notice to the proposed accused Nos.2 to 8 and then to dispose of the application under Section 319 Cr.P.C. by affording an opportunity to proceed against the proposed accused Nos.2 to 8. The petitioners were further directed to appear before the trial Court on 17.01.2010. The petitioners have challenged the order of the revision Court in so far as it required them to appear before the trial Court on 17.01.2010.
CRL.P No. 847 of 2020
petitioners, allowed the application. This was challenged by the petitioners in Crl.R.P.No.82/2017, which was allowed and the order summoning them was set aside and the case was remanded back to the trial Court to hear the petitioners. The petitioners were directed to appear before the trial Court on 17.01.2010. This order requiring them to appear on 17.01.2010 is challenged in this petition.
infructuous .
Sd/JUDGE
NR/-
List No.: 1 Sl No.: 40
2 issues framed by the court
Whether a criminal revision petition challenging an order directing appearance under Section 319 Cr.P.C. remains maintainable after the trial court rejects the subsequent application under the same se
Whether the proposed petitioners should be tried as co-accosed.
2 provisions across 1 enactments
DEVARAJU S/O. LATE. SHIVAPPA
RAVIRAJ S/O. DEVARAJ
RADHIKA D/O. DEVARAJ
YADAVA S/O. POVVAPPA SAPALYA
B. S. PRASANNA KUMAR S/O. B. M. SRINIVASAIAH
B. R. MURALIDHARA S/O. B. RAJANNA
R. NATARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
