LAWS(KAR)-2014-9-179

B.G. SHIVA PRASAD Vs. STATE OF KARNATAKA

Decided On September 19, 2014
B.G. Shiva Prasad Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) THE present petition is filed seeking for quashing of the entire proceedings in CC No. 2433/2013 pending on the file of the I Addl. CMM., Bangalore, registered against the petitioners for offence punishable under Sections 341, 504 and 506 of IPC.

(2.) I have heard the arguments of the learned counsel for the petitioners and the learned counsel for respondent No. 2 and also the learned High Court Government Pleader for respondent No. 1 - State. I have perused the materials placed before the Court including the charge sheet. papers available on record.

(3.) SECONDLY , the learned counsel for the petitioner contended that even if the entire allegations made in the FIR and the charge sheet are translated into evidence, they are not sufficient to constitute any offence as alleged against the petitioners punishable under section 341, 504 and 506 of IPC. Therefore, when the FIR on its face value does not disclose any offence, such proceedings shall not be ordered to be continued. Otherwise, the same would amounts to abuse of process of law.