1

IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 25^TH DAY OF NOVEMBER, 2015

BEFORE

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

CRIMINAL PETITION NO.200981/2015

BETWEEN:

YUVRAJ

S/O VEERSANGAPPA VADVADAGI

AGE: 55 YEARS, OCC: ADVOCATE

R/O 1^ST EXTENSION, NEAR BDCG BANK

MUDDEBIHAL DIST. VIJAYAPUR.

... PETITIONER

(BY SRI AVINASH A. UPLAONKAR, ADV.)

AND:

1.

THE STATE THROUGH

MUDDEBIHAL POLICE STATION

DIST. VIJAYAPUR.

2.

KEDAR S/O DINKAR MARATHE

AGE: 29 YEARS

OCC: BANK EMPLOYEE

R/O HORAPET GALLI

MUDDEBIHAL DIST. VIJAYAPUR.

... RESPONDENTS

(BY SRI MAQBOOL AHAMED, HCGP)

THIS CRIMINAL PETITION IS FILED BY THE ADVOCATE

FOR THE PETITIONER THAT THIS HON’BLE COUIRT MAY BE

PLEASED TO EXERCICSE THE INHERENT POWERS U/SEC. 482

2

CR.P.C EXAMINE THE RECORDS AND QUASH THE ORDER OF

TAKING COGNIZANCE DATED 27.04.2015 AND PROCEEDINGS

PENDING BEFORE IN THE COURT OF CIVIL JUDGE AND J.M.F.C

AT MUDDEBIHAL IN C.C.NO.265/2015 (CRIME NO.225/2013)

AGAINST THE PETITIONER IN THE INTEREST OF JUSTICE.

THIS PETITION COMING ON FOR ADMISSION THIS

DAY, THE COURT MADE THE FOLLOWING:

O R D E R

Respondent – police registered a case in Crime

No.225/2013 for the offence punishable under S.306 of

IPC

against

the

petitioner

and

after

investigation,

submitted the charge-sheet. Learned Magistrate having

taken cognizance of the offence under S.306 IPC,

registered C.C. No.265/2012 and issued process to the

petitioner. To quash the entire proceedings of C.C.

No.265/2012 pending on the file of JMFC, Muddebihal, this

petition was filed under S.482 Cr.P.C.

2.

Heard learned counsel on both sides and

perused the petition.

3.

Order dated 27.04.2015 passed by the learned

Magistrate, taking cognizance of the offence and issuance

3

of process can be assailed in a revision petition under

S.3970 Cr.P.C. before the learned Sessions Judge. (See

URMILA DEVI Vs. YUDHVIR SINGH, (2013) 15 SCC 624)

4.

In view of the availability of statutory remedy,

this

petition

filed

under

S.482

Cr.P.C.

cannot

be

entertained. (See MOHIT ALIAS SONU AND ANOTHER Vs. STATE OF

UTTAR PRADESH AND ANOTHER, (2013) 7 SCC 789)

In view of the above, this petition is disposed of,

reserving liberty to the petitioner to avail the statutory

remedy, within a period of 30 days.

Time taken in prosecution of this petition shall stand

excluded for the purpose of computation of limitation, if

the statutory remedy is availed within the period

stipulated.

Certified copies produced with this petition be

returned to the learned advocate for the petitioner.

Sd/-

JUDGE

sac*