IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED TIllS THE 20” DAY OF JANUARY2011 BEFORE THE HON’BLE MR. JUSTICE ANAND BYRAREDDY CRIMINAL PETITON No.8189 /2010 BETWEEN: 1. Gavarchand, Sb. Manilal Jam, Age: 0cc: Business, Rio. Saraf Roadd, Jamkhandi, Tq: Jamkhandi, Dist: Bagalkot. 2. Futurmal, S/o. Manual Jam, Age: 0cc: Business, Rio. SarafRoadd, Jamkhandi, Tq: Jamkhandi, Dist: Bagalkot. .. Petitioners (By Shri Shivaraj P. Mudhol, Advocate) AND: The State of Karnataka, Through Jamkhandi Town Police, Station, Represented by the State Public Prosecutor, High Court Circuit Bench Building, Dharwad. . . Respondent This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, seeking to quash the entire criminal proceedings in C.C.No.5/2009 (Jamkhandi Town Police Crime No.87/2007) pending on the file of the Prl.J.M.F.C.. Jamkhandi. This petition coming on for Orders this day, the Court made the following: ORDER For the reasons stated in Misc,Crl.15132/ll, the order dated 6.12.20 10 is recalled. The petition is restored to file. 2. However, on merits, it is seen that the petition is filed to quash the proceedings pending before the Court of the Principal JMFC, Jamkhandi, in C.C.No.5/2009. It is noted that the petition is filed at the initial stage of the proceedings before the Magistrate. The contention of the learned Counsel for the petitioner, that the entire complaint, if accepted, no case would be made out against the petitioner, is untenable. Applying the rule, that if a case is made out against the petitioner if the entire allegations in the complaint are accepted, it cannot be said that 3 the present petition is maintainable. However, it may be possible that in the case pending before the Magistrate if triable as a warrant case, it is open for the petitioner to seek discharge at the appropriate stage before the very Magistrate. 3. The dismissal of this petition on the ground that, at this stage, there is no ground made out for interference by this Court under Section 482 of the Code of Criminal Procedure, would not prejudice the case of the petitioner in seeking discharge at the appropriate stage, if the petitioner is in a position to make out a case for such discharge. 4. With that observation, the petition stands disposed of. Sd! )IJDGE Sub/