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IN THE HIGH COURT OF ,

DATED THIS THE 19TH DAY OF JUNE, 2013

BEFORE

THE HON'BLE MR. JUSTICE H.S.KEMPANNA

CRIMINAL PETITION NO.7566/2012

BETWEEN:

1. MR MADHUKAR SRINIVASAIAH S/O MR C SRINIVASAIAH AGED ABOUT 39 YEARS PERMANENT RESIDENT OF NO.1527, JEANETTE WAY CARROLLTON, TEXAS - 75006 U S A

C/O MR C SRINIVASAIAH NO.21, S S LAYOUT III STAGE, IV BLOCK BASAVESHWARA NAGAR BANGALORE – 560 079

2. MR C SRINIVASAIAH S/O MR CHIKKAPPAIAH AGED ABOUT 74 YEARS RESIDING AT NO.21, S S LAYOUT III STAGE, IV BLOCK BANGALORE - 560 079 ... PETITIONERS

(BY SRI.I S PRAMOD CHANDRA - ADV. )

AND:

1. STATE OF KARNATAKA BY SANJAYNAGAR POLICE BANGALORE CITY 2

THROUGH THE S P P., HIGH COURT BUILDING DR AMBEDKAR VEEDHI BANGALORE 560 001

2. DR R SRINIVASA SENIOR PROF OF NEUROLOGY, RESIDENT OF ANAGHA, NO.371 FIRST CROSS R M V EXTENSION II STAGE, 2ND BLOCK BANGALORE 560094 ... RESPONDENTS

(BY SRI.VIJAYAKUMAR MAJAGE – HCGP FOR R1, SRI.K.SUMAN – ADV. FOR R-2)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CR.P.C., PRAYING TO QUASH THE REGISTRATION OF FIR IN CR. NO.313/2012 OF SANJAYNAGAR P.S., BANGALORE CITY PENDING ON THE FILE OF THE VIII A.C.M.M., BANGALORE AND ALL FURTHER PROCEEDINGS.

THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING :

O R D E R

The petitioners have sought for quashing the proceedings in Crime No.313/2012 on the file of the

Sanjaynagar Police Station, Bangalore City, registered for the offences punishable under Sections 498-A, 420,

120-B r/w.34 of IPC. 3

2. The first respondent/police on the basis of the first information filed by the second respondent herein have registered the case against the petitioner and have taken up investigation. It is alleged among other things in the complaint that the petitioners, who are the husband and father-in-law of the daughter of the second respondent, have subjected the daughter of second respondent by name Rachana to cruelty and harassment, both mentally and physically, in U.S.A. as well as in when she had come down during holidays. Further the first petitioner has transferred all the earnings of his wife to the NRI account held by the second petitioner in S.B.I. Branch, which had been withdrawn by him for making landed property within the jurisdiction of Chikballapur and Bangalore.

3. The learned counsel for the petitioner firstly contends that the offences alleged have been committed in U.S.A. and therefore, the police have no jurisdiction to investigate into the matter at all. He nextly contends the allegations in the complaint are far from truth as 4 the daughter of the second respondent had never been subjected to cruelty and harassment at any point of time and the amounts which has been alleged to have transferred has been utilized to purchase the landed property and that will be subject to the decision i.e. pending in the U.S. Court. Therefore, the proceedings be quashed.

4. It is settled position that either the Magistrate or this Court in exercise of the power u/s.482 of Cr.P.C. cannot interfere with the investigation of a crime by the police. Powers of investigation cannot be fettered by this Court or by the Magistrate. A perusal of the allegations in the complaint reveal that the offences have not only been committed abroad, but also in India.

It is too premature to consider the contentions raised by the counsel for the petitioner in this petition u/s.482

Cr.P.C. as this Court cannot dwell into the niceties of the case whether the offences are made out or not. At any rate this Court in exercise of its power u/s.482 of

Cr.P.C. cannot interfere with the investigation and 5 therefore, there is no merit in the petition and it is dismissed.

Sd/- JUDGE

rs