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IN THE HIGH COURT OF BENCH

DATED THIS THE 30 TH DAY OF JUNE, 2016

BEFORE

THE HON’BLE MR.JUSTICE A.N.VENUGOPALA GOWDA

CRIMINAL PETITION NO.100001/2016 BETWEEN:

1. SRI.GOPALARADDI DEVARADDI KANAKANNAVAR AGE:36 YEARS R/O:TIRLAPUR TQ: DIST:DHARWAD

2. SMT.GEETA W/O GOPALRADDI KANAKANNAVAR AGE:30 YEARS R/O:TIRLAPUR TQ:NAVALGUND DIST:DHARWAD

3. SRI.DEVARADDI BHIMARADDI KANAKANNAVAR AGE:69 YEARS R/O:TIRLAPUR, TQ:NAVALGUND DIST:DHARWAD

4. SMT.SHANKAVVA W/O DEVARADDI KANAKANNAVAR AGE:65 YEARS R/O:TIRLAPUR, TQ:NAVALGUND DIST:DHARWAD : 2 :

5. SRI.KRISHNARADDI SHIVARADDI BARAGUNDI AGE:60 YEARS R/O: TQ:NAVALGUND DIST:DHARWAD ... PETITIONERS

(BY SRI. J S SHETTY, ADVOCATE)

AND:

1. SMT.SUDHA GOPALARADDI KANAKANNAVAR AGE:32 YEARS R/O:TIRLAPUR TQ:NAVALGUND, DIST:DHARWAD

2. THE STATE OF KARNATAKA BY ITS NAVALGUND POLICE STATION AUTHORITIES, HUBBALLI, REP BY ITS PUBLIC PROSECUTOR ... RESPONDENTS ---

THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C SEEKING TO QUASH THE ENTIRE PROCEEDINGS OF THE C.C.NO.56/2015 (PRIVATE COMPLAINT NO 20/2015) PENDING ON THE FILE OF CIVIL JUDGE AND JMFC NAVALGUND, AT NAVALGUND. THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: - : 3 :

O R D E R

The petitioners are aggrieved by the order dated 24.06.2015 passed by the JMFC, Navalgund. By the said order, cognizance of the offences punishable under Section 3 of the Dowry Prohibition

Act and Section 498A, 494 and 109 R/w. Section 34 of the IPC,

was taken, C.C.No.56/2015 was registered and summons was issued to the accused/petitioners herein.

2. Heard the learned advocate for the petitioners, learned HCGP for the respondent-State and perused the petition.

3. The aforesaid order can be the subject matter of consideration in a revision petition under Section 397 of

Cr.P.C. as held by the Hon’ble Supreme Court in the case of

Urmila Devi Vs. Yudhvir Singh , (2013) 13 SCC 624.

4. In view of availability of statutory remedy, it is inappropriate to exercise the inherent powers as held in

Mohit Vs. State of U.P. 2013(7) SCC 789 . : 4 :

5. No grounds are made out by learned advocate to bypass the statutory remedy and entertain this petition in exercise of inherent powers.

In the circumstances, petition is disposed of, reserving liberty to the petitioners to avail the statutory remedy, if so advised. All contentions raised in this petition are left open.

Certified copy produced along with this petition be returned to Sri. J. S. Shetty, learned advocate for the petitioners.

Sd/- JUDGE

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