In the High Court of Karnataka Dharwad Bench Dated This the 4 Th Day of June, 2014
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1 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 4 TH DAY OF JUNE, 2014 BEFORE THE HONOURABLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO. 100166/2014 BETWEEN: 1. TAMMANNA @ NINGAPPA S/O. TUKARAM PUJERI AGE: 23 YEARS, OCC: AGRICULTURE R/O. SHIVANOOR, TQ: ATHANI DIST: BELGAUM 2. MUDAKAPPA S/O. RAVASAB PATIL AGE: 28 YEARS, OCC: AGRICULTURE R/O. SHIVANOOR, TQ: ATHANI DIST: BELGAUM 3. SIDDAPPA S/O. VITAL BIRADAR AGE: 32 YEARS, OCC: AGRICULTURE R/O. AGRANI INGALAGANV, TQ: ATHANI, DIST: BELGAUM 4. RAVASAB S/O. APPANA BEVANOOR AGE: 58 YEARS, OCC: AGRI., R/O. SHIVANOOR, 2 TQ: ATHANI DIST: BELGAUM 5. KARNA S/O. APPANNA BEVANOOR AGE: 40 YEARS, OCC: AGRI., R/O. SHIVANOOR, TQ: ATHANI DIST: BELGAUM 6. TUKARAM S/O. NINGAPPA PUJERI AGE: 45 YEARS, OCC: AGRI., R/O. SHIVANOOR, TQ: ATHANI DIST: BELGAUM ... PETITIONERS (BY SRIYUTHS M. B. GUNDAWADE & BAHUBALI N. KANABARAGI, ADVOCATES) AND : 1. SANGAPPA S/O. BEERAPPA KIRANAGI AGE: 60 YEARS, OCC: AGRICULTURE R/O. SHIVANOOR, TQ: ATHANI DIST: BELGAUM 2. STATE OF KARNATAKA BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA DHARWAD BENCH, DHARWAD. THROUGH C.P.I. ATHANI. ... RESPONDENTS (BY SRI VIJAYAKUMAR MAJAGE, HIGH COURT GOVERNMENT PLEADER FOR R2; SRI M.H. PATIL, ADVOCATE FOR R1) 3 THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. SEEKING TO CALL FOR THE RECORDS OF C.C.NO.831/2013 FROM THE FILE OF PRL. CIVIL JUDGE & JMFC COURT, ATHANI AND TO PASS AN ORDER TO QUASH THE ENTIRE PROCEEDINGS OF THE CASE FOR THE OFFENCES PUNISAHBLE UNDER SECTIONS 143, 147, 148, 302, 201, 506 R/W 149 OF IPC ARISING OUT OF P.C.NO.241/2013. THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: O R D E R Heard learned counsel for the petitioners, learned counsel for respondent No.1 and learned High Court Government Pleader for respondent No.2 – State. Perused the records. 2. This petition is filed by petitioners praying for quashing of the proceedings in C.C. No.831/2013 on the file of Prl. Civil Judge & J.M.F.C., Athani, registered for the offences punishable under Sections 143, 147, 148, 302, 201 and 506 read with Section 149 of the Indian Penal Code, 1860 (hereinafter referred to as ‘I.P.C.’ for brevity). 4 3. Learned counsel for petitioners submits that respondent No.1 has filed a complaint before the jurisdictional Magistrate of Athani for the above said offences in P.C. No.247/2013. After recording the sworn statement and also the statement of witnesses, the learned Magistrate has taken cognizance of the offences and issued process against the accused. Being aggrieved by the said order, it appears that petitioners have approached the learned Sessions Judge by filing a revision petition in Crl.R.P. No.529/2013 for setting aside the cognizance taken by learned Sessions Judge on the file of VII Additional Sessions Judge, Belgaum, sitting at Chikkodi. During the pendency of said revision petition, the present petition is filed before this Court. 4. Learned counsel for the petitioners submits that he would first get that matter disposed of and thereafter, if necessary, he would approach this Court under Section 482 of Code of Criminal Procedure, 1973. 5 5. In view of the pendency of said revision petition, in my opinion, this parallel proceeding is not maintainable. However, petitioners are at liberty to approach this Court, at any appropriate time, in future, if necessary. Accordingly, petition is dismissed. Sd/- JUDGE hnm/.