In Criminal Petition No.2393 of 2016, the petitioner filed under Section 482 CrPC to quash an FIR, citing false allegations and lack of progress. The Court found a charge-sheet had been filed, rejecting the petitioner's claim. The petition was disposed of on these findings.
Petition along with I.A.1/2016 disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 06TH DAY OF DECEMBER 2016
BEFORE
THE HON’BLE MR. JUSTICE ANAND BYRAREDDY
CRIMINAL PETITION No.2393 OF 2016
BETWEEN:
Sri. Naveen Kumar K.M., Son of Karamudi, Aged about 30 years, Resident of 11th Cross, Kuvempu Nagar, Channapatna. Presently residing at: Mahadeshwara Nilaya, Behind Ganesha Temple, 4th Cross, Raja Kempegowda Extension, Chennapatna – 562 160, Ramanagar District.
…PETITIONER
(By Shri Ramesh K.R., Advocate)
AND:
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Mandya District, By State Public Prosecutor, High Court of Karnataka.
Post Office,
Ganjam, Srirangapatna Town, Srirangapatna – 571 438. Mandya District.
(By Shri K.R.Keshav Murthy, State Public Prosecutor-II for Respondent No.1/State)
This Criminal Petition filed under Section 482 code of Criminal Procedure, 1973, praying to quash the FIR registered against the petitioner in Crime No.322/2014 of Srirangapatna Police Station, pending on the file of Additional Civil Judge (Jr.Dn.) and Judicial Magistrate First Class, Srirangapatna, for the offence punishable under Sections 384, 511, 419, 353, 354 read with 34 of IPC at Annexure-C as against the petitioner.
This Criminal Petition coming on for Admission this day, the court made the following:
O R D E R
The present petition is filed with a complaint that false
allegation has been made against the petitioner and in spite of a
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long lapse of time, there is no progress in the case and no
charge-sheet has been filed.
report that a charge-sheet has been filed and there are witnesses named and that the case is under progress. The allegation in the petition therefore cannot survive for consideration.
In that light of the matter, the petition stands disposed of.
I.A.1/2016 is disposed of as a consequence.
Sd/- JUDGE
KS
2 issues framed by the court
Whether Criminal Petition No.2393 of 2016 under Section 482 CrPC should be admitted to quash the FIR against the petitioner.
Whether the delay in filing charge-sheet justifies quashing of proceedings.
1 provisions across 1 enactments
Naveen Kumar K.M.
State of Karnataka
Smt. S. Poornima
Anand Byrareddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
