JUDGMENT : (Krishna S. Dixit, J.) 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 & JMFC, Hassan for offences punishable under Sections 120B, 153A & 506 r/w section 34 of Indian Penal Code, 1860. 2. Learned counsel for the Petitioners argues that the criminal case in question is about a decade & 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 02.01.2019. 4. Having heard the learned counsel for the parties and having perused the Petition papers, this Court declines indulgence in the matter broadly agreeing with the submission of learned Addl. SPP. Now that the investigation having been completed, the jurisdictional Police have already filed the Chargesheet. Looking to the allegations in the FIR, it cannot be accepted that they do not disclose any cognizable offences; apparently, they do. The Apex Court in K Neelaveni v. State, (2010) 11 SCC 607 , in more or less similar circumstances, has faltered quashment of the proceedings. 5. Apparently, Petitioners had not turned to the Court, the NBW was issued and a Co-ordinate Bench of this Court had stayed the same. Since charges are yet to be framed, it is open to the Petitioners to seek their discharge at the hands of learned Magistrate of the Court below. In that connection, all contentions need to be kept open.
Apparently, Petitioners had not turned to the Court, the NBW was issued and a Co-ordinate Bench of this Court had stayed the same. Since charges are yet to be framed, it is open to the Petitioners to seek their discharge at the hands of learned Magistrate of the Court below. In that connection, all contentions need to be kept open. The Petitioners shall appear before the Trial Court without fail on 28.02.2024 and seek further instructions at its hands. To facilitate their appearance, the subject NBW needs to be kept under suspended animation till 28.02.2024. Ordered accordingly and Petition is disposed off, all contentions having been kept open for being urged at the stage of framing of charge/seeking of discharge under section 239 of Cr.P.C., 1973.