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THE HIGH COURT OF KARNATAKA
MS. J.M.KHAZI, J
SRI SHIVA PRAKASH A.G.K. – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
| Table of Content |
|---|
| 1. background of the parties and dispute. (Para 1 , 2) |
| 2. court's analysis of evidence and relationship between parties. (Para 3 , 6 , 8 , 9 , 10 , 11) |
| 3. contentions and arguments from both parties. (Para 4 , 5) |
| 4. examination of witness credibility and delay in complaint. (Para 12 , 13 , 14) |
| 5. conclusion to quash the criminal proceedings. (Para 15) |
ORAL ORDER
Petitioners who are arraigned as Nos.1 and 2 have filed this petition under Section 482 of the Code of Criminal Procedure, to quash the criminal proceedings initiated against them in Spl.C.No.766/2021, for the offences punishable under Sections 3(1)(r)(s) of Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act ('SC/ST(POA) Act' for short) and Sections 504 , 506 r/w 34 of IPC pending on the file of 70th Addl. City Civil and Sessions Judge and the Special Court, Bengaluru.
2. In support of the petition, petitioners i.e, accused Nos.1 and 2 have contended that they are husband and wife. Complainant is their immediate neighbour. They are sharing a common passage to their residential houses. Complainant has constructed a 5 storey commercial building in violation of sanction plan and building bye-laws. The co
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