NITHASH DAMODHAR KHUNDUR D/O LATE DAMODHAR KHUNDUR W/O SUDHIR SHREYAN, MANAGER ICICI BANK AND OTHERS Vs. STATE OF KARNATAKA REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AND LATHA SHREYAN W/O SUDHIR SHREYAN

JUDGEMENT

(1.) IN this petition filed under Section 182 Cr.P.C. the petitioners have south for setting aside of the order dated 07.11 2008 passed in C.C. No. 4942/2008 by the leaned Addl. Civil judge (Jr. Dn.) and JMFC. Udupi directing registration of Criminal ease against petitioner Nos. 1 to 5 for the offences under Sections 365, 342, 504, 506 and 384 read with Section 149 of IPC.

(2.) THOUGH this matter is listed today for admission, having regard to the nature of the relief south for in this petition. It is taken for final disposal and arguments of Sri Shivanagowda Doddamani, the learned Counsel for the petitioners and Sri Vijayakumar Majage, the learned HCGP are heard. Perused the charge sheet filed against the petitioners by the police concerned, the statements of CWs. 1, 2, 5 to 8 and other material placed on record by the learned Counsel for the petitioners.

(3.) SRI Shivanagowda Doddainani. the learned Counsel for the petitioners strongly contends that the entire allegations in the complaint and also the statements of CW1 complainant, CWs. 2, the victim, and 5 to 8 do not constitute any of the offences for which the Trial Court has taken cognizance and issued process against petitioner Nos. 1 to 5 herein by its order dated 07.11.2008 and therefore the said order deserves to be set aside.