STATE OF KARNATAKA Vs. ASHOK DEVADIGA

JUDGEMENT

(1.) Criminal Petition Nos.6392/2022 and 6360/2022 are filed under Sec. 439(2) of Cr.P.C. praying to cancel the order passed by the Additional District and Sessions Judge, Udupi (sitting at Kundapura) dtd. 27/11/2021 in Crl. Misc. Nos.695/2021 and 698/2021 respectively for the offences punishable under Ss. 504 , 506 , 324 , 307 , 114 read with Sec. 34 of IPC.

(2.) Heard the arguments of the learned High Court Government Pleader appearing for the State and the learned counsel appearing for the respective respondents.

(3.) The learned counsel appearing for the respondents brought to notice of this Court that the de-facto complainant had already filed a similar petition before this Court under Sec. 439(2) of Cr.P.C., in Crl.P.Nos.10255/2021 and 50/2022 respectively and the said petition came to be heard and dismissed by the Co-ordinate Bench of this Court vide order dtd. 15/2/2022 and once again the present petitions are filed by the State on the same grounds. When the matter is already decided by this Court, once again considering the same does not arise and prayed to dismiss the petitions and prayed to confirm the order of the Trial Court.