HARISHA AND ORS. Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the learned counsel appearing for the petitioners/accused persons and also the learned High Court Government Pleader appearing for the respondent -State on admission.

(2.) LEARNED counsel for the petitioners has submitted that Trial Court referring to the judgment of Hon'ble Supreme Court reported in : 1979 SCC (Cr.J.) 609 in the case of UNION OF INDIA Vs. PRAFULL KUMAR AND ANOTHER, ultimately rejected the application filed under Section 227 of Cr.P.C. The decision is not properly considered by the Trial Court, picking up single sentence of the said decision, the Court proceeded to dismiss the application. Hence, there is no proper appreciation of factual as well as legal aspect by the Trial Court.

(3.) I have perused the grounds urged in this petition and the charge sheet material produced along with the petition so also the order passed by the Trial Court on the application filed under Section 227 Cr.P.C.