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2021 Supreme(Kar) 464

H. P. SANDESH
MALAPPA @ MALINGARAYA, S/O VEERESH KAVITAL – Appellant
Versus
STATE OF KARNATAKA, REP. BY ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH – Respondent


Advocates Appeared:
For The Appellant :SRI MAHANTESH PATIL, ADVOCATE
For The Respondent: SRI GURURAJ V. HASILKAR, HCGP.

ORDER :

This petition is filed under Article 226 of the Constitution of India read with Section 482 of Cr.P.C. praying this Court to:

    (i) issue a writ in the nature of certiorari to quash the impugned order dated 04.01.2017 and 05.01.2017 vide Annexures-E and F passed by the learned I Additional JMFC, Sindhanur in Crime No.142/2016 (S.C.No.61/2018);

(ii) issue a writ in the nature of certiorari to quash the DNA profile report bearing No.FSL/197/DNAC/8/2017 dated 27.02.2017 vide Annexure-H and final opinion dated 30.03.2017 issued by the Medical Officer, Sindhanur vide Annexure-J;

(iii) issue such other writ or order or direction as this Court deems fit in the circumstances of the case.

2. The factual matrix of the case is that the police based on the complaint given by the victim, who has been arraigned as respondent No.2 herein, have registered a case in Crime No.142/2016 against the petitioner for the offences punishable under Sections 504, 506, 417 and 376 of IPC. The complainant in the complaint vide Annexure-B dated 04.10.2016 alleged that on 05.03.2016, this petitioner went to her house and called her to coolie work in his land and took her at around 9.30 a.m. and when both were

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