Karnataka Court June 2014 Judgments
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Thamanna Yellappa Dollin Vs. A. Ramappa and Another
Court: Karnataka Dharwad
Decided on: Jun-05-2014
(Prayer: This Criminal Petition Is Filed Under Section 482 Of Code Of Criminal Procedure, Praying To Quash The Entire Proceedings Of C.C. No.226/2012 For The Alleged Offences U/Ss 279, 337 And 338 Of Ipc Arising Out Of P.C. No. 9/2007 In The Court Of The J.M.F.C., Yelburga.) 1. The petitioner has approached this Court seeking quashing of the proceedings pending before the J.M.F.C., Yelburga in C.C. No.226/2012 registered against the petitioner for the offences under Sections 279, 337 and 338 of I.P.C. 2. I have heard the arguments of the learned Counsel for the petitioner and as well as the respondent herein. I have carefully perused the records produced along with the petition. Both the Counsels have no grievance so far as the documents which are produced before this Court are concerned and the factual aspects with regard to one proceedings disposed and another complaint pending before the Courts are concerned. Therefore, it is just and necessary for this Court to have a brief factual...
Hanumappa Vs. Nagappa and Others
Court: Karnataka Dharwad
Decided on: Jun-05-2014
(Prayer: This Writ Petition Is Filed Under Articles 226 And 227 Of The Constitution Of India, Praying To Quash The Charge Sheet Submitted Against The Petitioner Vide Annexure-C And Etc.) 1. Heard learned counsel for the petitioner and learned Additional State Public Prosecutor for respondent Nos. 2 to 5 - State. Perused the records. 2. The petitioner herein has sought for quashing of the entire proceedings in C.C. No.207/2012 pending on the file of Civil Judge (Sr.Dn.) and Prl. J.M.F.C., Ranebennur, which was registered against the petitioner for the offences punishable under Sections 279 and 304A of the Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C.' for brevity). 3. The main contention of learned counsel for petitioner is that in this particular case complainant by name Nagappa is the first informant and eye-witness to the incident. In the first information report he has stated that on 04.09.2012 in the evening, himself and his cousin by name Girish were proceeding towar...
Sangmesh and Others Vs. The State Of Karnataka and Another
Court: Karnataka Dharwad
Decided on: Jun-05-2014
(Prayer: This Criminal Petition Is Filed U/S 482 Of Cr.P.C. Seeking To Quash The Fir Registered In P.S. Crime No.323/2013 Of Bailhongal Police On The Basis Of The Complaint Lodged By The Respondent No.2. I.A. No. 1/2014 Is Filed For Grant Of Stay.) 1. Heard learned counsel for the petitioners, learned High Court Government Pleader for respondent No.1 - State and learned counsel for respondent No.2. Perused the records. 2. The petitioners, who are arrayed as accused Nos.1 to 5 in Crime No.323/2013 on the file of Bailhongal police, have approached this Court for quashing of first information report. 3. The record discloses that one Smt. Deepa Sangamesh Kadrolli, wife of petitioner No.1 has lodged a complaint before the Bailhongal police stating that on 25.05.2013 she was given in marriage to the petitioner No.1 and thereafter she started to reside in her matrimonial home. It is specifically alleged that for about three months she was in her matrimonial house and thereafter petitioners st...
Ratna Vs. The State of Karnataka and Another
Court: Karnataka Dharwad
Decided on: Jun-05-2014
(Prayer: This Criminal Petition Is Filed Under Section 482 Of Code Of Criminal Procedure, Praying To Quash The Entire Charge Sheet In C.C. No.507/2012 (Crime No.147/2009) On The File Of Principal Civil Judge (Jr. Dvn.) And Principal Jmfc, Dharwad Registered For The Offences Punishable Under Section 465, 468, 471, 420, 120 B, 427 R/W 34 Of I.P.C. In So Far Petitioner Is Concerned.) 1. A person by name Basavaraja Lakkundi lodged a complaint making allegations against one Niyaz Ahmed, Shakeel Ainapur and M.K. Attar for the offences punishable under Sections 465, 468, 471, 120B, 427 r/w 34 of I.P.C. On the basis of the said first information report, the Sub-Urban Police, Dharwad investigated the matter, submitted the charge sheet. Though at the time of first information report, the name of this petitioner Smt. Ratna, who is an Advocate Notary residing at Saptapur, Dharwad was not arrayed as accused, but at the time of filing of the charge sheet her name was also included in the charge shee...
Kallappa Vs. Mallamma and Others
Court: Karnataka Dharwad
Decided on: Jun-05-2014
(Prayer: This Appeal Is Filed Under Section 100 Of Cpc., Against The Judgment And Decree Dated 19.11.2010 Passed In R.A. No.14/2010 On The File Of The Senior Civil Judge At Kudligi, Allowing The Appeal, Filed Against The Judgment Datd 22.01.2010 And The Decree Passed In O.S. No.31/2004 On The File Of The Civil Judge And Jmfc., Kudligi, Decreeing The Suit Filed For Partition And Separate Possession.) 1. Plaintiff of an original suit bearing O.S. No.31/2004 pending on the file of the Court of Civil Judge (Jr.Dn.), Kudalagi, Bellary District is before this Court. Respondents are the defendants No.1 to 8 in the suit. Parties will be referred to as plaintiff and defendants No.1 to 8 as per the ranking given in the trial Court. Suit was filed for the relief of partition and separate possession by the plaintiff and the suit was contested by the defendants by filing written statement. 2. On the basis of the pleadings the trial Court has framed the following 8 issues for its consideration: ISSU...
Chief Engineer (E), Transmission Zone and Others Vs. Lokesh
Court: Karnataka
Decided on: Jun-05-2014
(Prayer: This Writ Appeal Is Filed Under Sec. 4 Of The Karnataka High Court Act Praying To Set Aside The Order Passed In The Writ Petition No. 14103/2009 Dt. 26-7-10.) 1. Appellants have preferred this appeal, challenging the order of the learned Single Judge of this Court dt. 26-07-2010 passed in W.P.No, 14103/2009, whereby the learned Single Judge has dismissed the writ petition and confirmed the older passed by the learned District Judge in Misc. Petition No.45/2007. 2. We have heard the learned Counsel appearing for the parties and perused the order passed by the learned Single Judge and the order impugned in the writ petition. 3. Facts leading to this appeal are stated as hereunder: When the work of construction of 66 K.V. Tubinakere - Mandya, multi-circuit line (MCL) for a distance of about 10 kms. was under progress, it was stopped at locations 35, 36 and 37 due to objections raised by the land owners viz. Lokesh the respondent herein, Smt. Pramila and the President of People's ...
Goudra Krishnappa Vs. The Deputy Commissioner and Others
Court: Karnataka
Decided on: Jun-05-2014
(Prayer: This W.P. Is Filed Under Articles 226 And 227 Of The Constitution Of India Praying To Set Aside The Impugned Order Dtd.2.12.2013 Passed By The Learned Principal District And Sessions Judge, Davanagere In Ma.No.132/11 (Annex-C).) 1. Though this matter is listed for preliminary hearing, with the consent of the learned counsel on both sides, it is heard finally. 2. The order of the learned Prl. Dist. and Sessions Judge, Davanagere dated 02/12/2013 passed in MA. 182/11 at Annexure "C" is assailed by the petitioner in this writ petition. 3. The grievance of the petitioner is that the learned District Judge ought not to have remanded the matter to the Deputy Commissioner for a fresh adjudication. 4. Briefly stated, tne facts are that one Kenchappa, S/o.Ningappa, was the holder of the village office. He had executed registered sale deeds in respect of Sy.No.32 measuring 2 Acres 20 Guntas in Chikkabidari village of Harihara Taluk, in favour of one Nagappa, brother of the petitioner he...
Abdulghani and Others Vs. ShahIn and Another
Court: Karnataka Dharwad
Decided on: Jun-04-2014
(Prayer: This Criminal Petition Is Filed U/S 482 Of Cr.P.C. Seeking To Quash The Proceedings In Crl.Misc.No.(Dvpc) No.340/2013 On The File Of The Ii-Addl. Civil Judge (Jr.Dn.) and Jmfc Court, Gadag, As Against The Petitioners.) 1. The petitioners, who are arraigned as respondents in Crl.Misc.No.340/2013 on the file of the II Addl. Civil Judge (Jr.Dn.) and JMFC, Gadag, which was filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'the Act', for short), approached this Court seeking quashing of the entire proceedings against them on several grounds. 2. At the time of submitting the arguments, the learned Counsel for the petitioners strenuously contends that, the petition is only maintainable against the husband of respondent No.1 before the learned Magistrate and the petition is not maintainable against other family members, in view of the definition under Section 2(q) of the Act. Secondly he contends that, even considering the a...
Sambulingappa Vs. Ninganagouda Iranagouda Hiregoudar and Others
Court: Karnataka Dharwad
Decided on: Jun-04-2014
(Prayer: This Criminal Appeal Is Filed Under Section 372 Of Code Of Criminal Procedure, Praying To Allow This Appeal; Set Aside The Impugned Judgment And Order Of Acquittal Of The Accused Persons Passed By The District And Sessions Judge, Gadag In Its Spl. Sc/St Cc No. 6/2003 Dated 28.10.2010 And Thereby Convict The Accused.) 1. The above said two appeals are clubbed in order to avoid repetition of facts involved in these cases and the common judgment is passed. 2. The appellant who is the complainant in Spl. Case No. 17/2003 and PW-2 in Spl. Case No. 6/2003 on the file of the District and Sessions Judge, Gadag challenged the judgments passed by the said Court in the above said two cases vide Judgments dated 28th day of October 2010. 3. The brief factual matrix of the case are that, on 10.02.2003 according to the appellant in the morning hours at about 5.00 a.m. the appellant - Shambulingappa was proceeding to his land to harvest the wheat crop. He was alone going towards his land on t...
Abdulghani and Others Vs. Shahin and Another
Court: Karnataka Dharwad
Decided on: Jun-04-2014
(Prayer: This Criminal Petition Is Filed U/S 482 Of Cr.P.C. Seeking To Quash The Proceedings In Crl.Misc.No.(Dvpc) No.340/2013 On The File Of The Ii-Addl. Civil Judge (Jr.Dn.) and Jmfc Court, Gadag, As Against The Petitioners.) 1. The petitioners, who are arraigned as respondents in Crl.Misc.No.340/2013 on the file of the II Addl. Civil Judge (Jr.Dn.) and JMFC, Gadag, which was filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'the Act', for short), approached this Court seeking quashing of the entire proceedings against them on several grounds. 2. At the time of submitting the arguments, the learned Counsel for the petitioners strenuously contends that, the petition is only maintainable against the husband of respondent No.1 before the learned Magistrate and the petition is not maintainable against other family members, in view of the definition under Section 2(q) of the Act. Secondly he contends that, even considering the a...
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