IN THE HIGH COUT?.T OF KAINATAK..A CIRCUIT BENCH AT DHARWAD DATED THIS THE 19TH DAY OP JULY, 2011 B E F0 R E THE HON’BLE MR.JUSTICE B.V.PINTO cNQLPi Between: Gurulingappa S/ o.Mahalingappa Naganur, Age 65 years. 0cc: Agriculturist, 2. Smt.Sangavva W/o.Gurulingappa Naganur, Age 55 years. 0cc.: Housewife, 3. Mahalingappa S/o.Gurulingappa Naganur. Age 45 years, 0cc.: Agriculturist, 4. Shrishail S/o.Gurulingappa Naganur. Age 35 years, 0cc.: Agriculturist, 5. Smt. Bharati W/o .Mahalingappa Naganur. Age 30 years, 0cc.: Housewife, 6. Srnt.Kasturi W/o.Shrishail Naganur. Age 25 year, 0cc.: Housewife. 7. Mahadevappa S /o. Murigeppa Naganur. Age 40 years, 0cc.: Agriculturist, 8. Mahaclevappa S/ o.Channahasappa Huddar. Age 45 years, 0cc.: Agriculturist, 9. Shrishail S/o.Bheemappa Hucldar. Age 40 years, 0cc.: Agriculturist, 10. Lakkappa S/o.Parappa Huddar, Age 35 years, 0cc.: Agriculturist, All residents of Sanganatti Village. Tq.: Mudhol, Dist.: Bagalkot. Petitioners (By Sri. V.P. IKulkarni, Advocate) And: This petition is filed seeking quashing of the proceedings in P.C.No.02/201 I pending before the Pri. JMFC Court, Mudhol. 2. On the basis Smt.Mallavva before the P.C.No.2/201 1 has been Magistrate has referred the Cr.P,C. for investigation and of the complaint filed by Pri. JMFC Court. Mudhol registered and the learned case under Section 1 56(3) of the filing the report. 1. Smt. Malla\ va o . Mallappa Naganur, Age 38 years. 0cc. :Housewife & Agriculturist. R/ o. Sanganatti Village, Tq: Mudhol District Bagalkot. 2. State of Karnataka. Bx its Public Prosucutor, High Court Building, Dharwad. Respondents (By Sri.Pavan B.Doddatti, Advocate for RI. Sri.N.Dinesh Rao, GA for R2.) This criminal petition is filed tinder Section 482 of Cr.P.C. seeking to quash the criminal proceedings on the file of the Prl.JMPC Court, Mudhol in PC No.02/2011. This petition coming on for admission this day, the court made the following: ORDER - 3 3. In the complaint. in para 3 there are specific allegations that the petitioners have committed theft of items 1 to 6 which are alued at Rs.2.1Q.000, . The allegations in para 3 of the complaint are in the nature of facts and pthis Court cannot decide disputed questions of fact in a proceedings under Section 482 of Cr.P.C.. Hence, petition is misconeeived and dismissed. 4. In view of the fact that petitioner No.2 Smt.Sangavva. petitioner No.5 Smt.Bharati, petitioner No.6 Smt.Kasturi arc women and petitioner No.1 Gurulingappa is aged about 65 years. they are exempted from appearance on all hearing dates and they are directed to appear only when their presence is absolutely required as per law. The petitioners are at liberty to urge all the grounds before the Investigating Officer that no offence has been committed and all the contentions are kept open. Sd! JUDGE