Sri. Shrinivas S/O. Krishnappa ... vs The State Of Karnataka
2023 Latest Caselaw 2003 Kant

                                                  -1-
                                                        CRL.P No. 100083 of 2022




                       IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                             DATED THIS THE 24TH DAY OF MARCH, 2023

                                               BEFORE
                                THE HON'BLE MS. JUSTICE J.M.KHAZI
                           CRIMINAL PETITION NO. 100083 OF 2022 (482)

                      BETWEEN:
                      1.   SRI. SHRINIVAS S/O. KRISHNAPPA GODI
                           AGE. 44 YEARS, OCC. COOLIE,
                           R/O. VADDAR ONI, GOPANAKOPPA,
                           HUBBALLI.

                      2.   SMT. KAMALAVVA W/O. KRISHNAPPA GODI
                           AGE. 44 YEARS, OCC. COOLIE,
                           R/O. VADDAR ONI, GOPANAKOPPA,
                           HUBBALLI.

                      3.   SMT. HEMAVATI D/O. KRISHNAPPA GODI
                           AGE. 44 YEARS, OCC. COOLIE,
                           R/O. VADDAR ONI, GOPANAKOPPA,
                           HUBBALLI.
                                                                  ...PETITIONERS
                      (BY SRI K. L. PATIL, ADVOCATE)
Digitally signed by
CHANDRASHEKAR
LAXMAN
KATTIMANI             AND:
Location: HIGH
COURT OF
KARNATAKA
DHARWAD               1.   THE STATE OF KARNATAKA
                           THROUGH HUBBALLI WOMEN POLICE STATION,
                           NOW REPRESENTED BY
                           STATE PUBLIC PROSECUTOR,
                           HIGH COURT OF KARNATAKA,
                           DHARWAD BENCH.

                      2.   SMT. PADMAVATI W/O. SRINIVAS GODI
                           AGE. 34 YEARS, OCC. HOUSEHOLD WORK,
                           R/O. MAILARLINGESHWAR NAGAR,
                           GOKUL VILLAGE, TQ. HUBBALLI,
                           DIST. DHARWAD.
                                                              ...RESPONDENTS
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                                      CRL.P No. 100083 of 2022




(BY SRI VINAYAK S. KULKARNI, AGA FOR R1 AND
SRI SUBHASH J. BADDI, ADVOCATE FOR R2)

     THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO QUASH THE FIR AND COMPLAINT REGISTERED
AGAINST THE PETITIONERS IN HUBBALLI WOMEN POLICE
STATION IN CRIME NO.24/2013 FOR THE OFFENCES
PUNISHABLE U/S 498(A), 323, 504 AND 506 R/W SECTION 34
OF IPC AND ALSO SET-ASIDE THE JUDGMENT AND ORDER OF
CONVICTION DATED 18.09.2017 CC NO.492/2015 ON THE FILE
OF JMFC AND I ADDITIONAL COURT, HUBBALLI AND THEREBY
ACQUIT THE PETITIONERS.

     THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:


                             ORDER

No representation for the petitioners even in the

afternoon session.

2. Office has raised the objection regarding

maintainability of the petition filed under Section 482 of

Cr.P.C. on the ground that petitioners who are arraigned

as accused Nos.1 to 4 are convicted by the Trial Court in

C.C.No.492/2015 and in fact they have filed

Crl.A.No.110/2017. Consequently this petition is not

maintainable.

CRL.P No. 100083 of 2022

3. On the last date of hearing, a last chance was

given to the learned counsel for the petitioners to address

the arguments or else necessary orders would be passed

regarding maintainability.

4. It appears that the petitioners are not

interested in continuing the petition.

5. When already petitioners are convicted by the

Trial Court and having filed appeal before the Sessions

Court, this petition under Section 482 of Cr.P.C. is not

maintainable as such the petition is dismissed as not

maintainable.

SD/-

JUDGE

SSP