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KARNATAKA HIGH COURT
S.R.KRISHNA KUMAR, J
EKANATHA L RATHOD – Appellant
Versus
STATE OF KARNATAKA – Respondent
| Table of Content |
|---|
| 1. petitioner seeks to quash proceedings based on insufficient evidence. (Para 1 , 2) |
| 2. absence of evidence for instigation nullifies abetment claims. (Para 3) |
| 3. court quashes proceedings for lack of criminal liability. (Para 4) |
ORAL ORDER
In this petition, petitioner seeks the following reliefs:
“To call for the records in S.C.No.946/2021(Crime No.41/2018) on the file of LXIX Addl. City Civil and Sessions Judge at Bengaluru (CCH-70) and quash the proceedings initiated against the petitioner in S.C.No.946/2021(Crime No.41/2018) for the offences punishable under Sections 306 R/w 34 of IPC of Respondent Rural Railway police, Yeshwanthapura, Bangalore, in the interest of justice.”
2. Heard learned counsel for the petitioner and learned HCGP for respondent No.1 and perused the material on record.
Respondent No.2 is served and unrepresented.
3. A perusal of the material on record will indicate that respondent No.2 – defacto complainant is the wife of one Jayashimharaju, who is said to have expired having committed suicide on 02.04.2018, one day prior to the impugned complaint, pursuant to which, respondent No.1 – police authorities have filed a charge sheet, which is pending
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