Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 30994 (KAR)

SRI VIJAYA THUMMINAKATTI v. SMT KAVITHA

CRL.P/9265/2024 · 2025-02-21

S R Krishna Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:7877 CRL.P No. 9265 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 9265 OF 2024 BETWEEN: SRI. VIJAYA THUMMINAKATTI S/O HANUMANTHAPPA THUMMINAKATTI AGED ABOUT 57 YEARS DRIVER, KSRTC BUS DEPOT, HIREKERURU DEPOT, HIREKERUR - 581 111 HAVERI DISTRICT. …PETITIONER (BY SRI. SIDDAPPA B.M, ADVOCATE) AND: 1. SMT. KAVITHA W/O VIJAYA THUMMINAKATTI AGED ABOUT 43 YEARS, HOUSE WIFE 2. KUMARI. SINCHANA D/O VIJAYA THUMMINAKATTI, AGED ABOUT 20 YEARS 3. MASTER CHIRANTH S/O VIJAYA THUMMINKATTI AGED ABOUT 18 YEARS ALL ARE R/O C/O VENKATESH, BHANDARAHALLI KAVALAGUNDI KAVALAGUNDI POST, BHADRAVATHI - 577 301. …RESPONDENTS (BY SRI. PRASHANTH.D, ADVOCATE) Digitally signed by MAYAGAIAH VINUTHA Location: HIGH COURT KARNATAKA - 2 - NC: 2025:KHC:7877 CRL.P No. 9265 of 2024 THIS CRL.P IS FILED U/S 482 OF CR. PRAYING TO QUASH OF THE ENTIRE CRIMINAL PROCEEDINGS IN THE CRL.MISC 31/2021 PENDING ON THE FILE OF THE LEARNED IV ADDL. CIVIL JUDGE AND JMFC, BHADRAVATHI BY ALLOWING THIS PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER Sri Prashanth.D., learned counsel accepts notice for respondent Nos.2 and 3. 2. In this petition, the petitioner seeks the following reliefs: "Therefore, it is respectfully prayed that this Hon'ble Court be pleased to quash of the entire criminal proceedings in the Crl.Misc.31/2021 pending on the file of the learned IV Addl. Civil Judge JMFC, Bhadravathi by allowing this petition, in the interest of justice and equity." 3. After arguing the matter for some time, learned counsel for the petitioner submits that the petition may be disposed of reserving liberty in favour of the petitioner to urge all contentions before the trial Court including the contention regarding lack of territorial jurisdiction on the part of the trial Court to entertain and adjudicate upon the proceedings. Submission is placed on record. - 3 - NC: 2025:KHC:7877 CRL.P No. 9265 of 2024 4. The petition is disposed of reserving liberty in favour of the petitioner to urge all contentions including the contention regarding lack/want of territorial jurisdiction on the part of the trial Court to entertain and adjudicate upon the proceedings. 5. The trial Court shall adjudicate upon all aspects of the matter after considering all rival contentions including the issue/question regarding territorial jurisdiction in accordance with law. Subject to the aforesaid directions and leaving open all contentions, the petition stands disposed of. SD/- (S.R.KRISHNA KUMAR) JUDGE VM List No.: 1 Sl No.: 101