VATAL NAGARAJ Vs. STATE

JUDGEMENT

(1.) The Petitioners being the Accused in CC No.3905/2017 arising from Crime No. 221/2009 of Hassan Town Police, are invoking the inherent jurisdiction of this Court for assailing the said proceedings inter alia on the ground of abuse of process of Court. The said proceedings are pending on the file of learned Principal Civil Judge and JMFC, Hassan for offences punishable under Ss. 120B, 153A and 506 r/w Sec. 34 of Indian Penal Code, 1860.

(2.) Learned counsel for the Petitioners argues that the criminal case in question is about a decade and half old; the same has been structured without foundational facts, as can be demonstrated from the record; Petitioners are also facing NBW which the Coordinate Bench has stayed. There is absolutely no ground to assume that in all probability, they will be convicted, if trial takes place. So arguing, he seeks quashment of the subject proceedings.

(3.) Learned Addl. SPP appearing for the Respondent - State vehemently opposes the Petition contending that at this stage what the Court has to look into is, whether the material collected by the Police would vouch the allegations in the FIR; however, a roving enquiry cannot be undertaken since the invoked jurisdiction of the Court has several limitations. He also makes submission in justification of the impugned proceedings and points out dismissal of Petitioners' earlier Crl.P.No.5694/2013 by the Coordinate Bench on 2/1/2019.