Petitioner sought quashing of criminal proceedings under Section 482 CrPC. Court disposed of petition without prejudice, noting final report readiness but charge-sheet pending, and keeping contentions open for discharge proceedings.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 08TH DAY OF SEPTEMBER 2016
BEFORE
THE HON’BLE MR. JUSTICE ANAND BYRAREDDY
CRIMINAL PETITION No.6915 OF 2014
BETWEEN:
David D’Souza, Aged 43 years, Son of William D’Souza, Prince Point, Pilar Village and Post, Udupi Taluk and District– 574 118.
…PETITIONER
(By Shri S. Mahesh, Advocate)
AND:
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Aged 48 years,
Son of Lawrence D’Souza, Residing at “Willy Mane”, Pilar Village and Post,
Udupi Taluk and District – 574 118.
…RESPONDENTS
(By Shri K.R.Keshav Murthy, State Public Prosecutor-II for Respondent)
This Criminal Petition filed under Section 482 code of Criminal Procedure, 1973, praying to quash the entire proceedings in Crime No.2/2014 on the file of the Court of III Additional Civil Judge and Judicial Magistrate First Class, Udupi (Shirva Police Station).
This Criminal Petition coming on for Admission this day, the court made the following:
O R D E R
The learned Government Advocate would submit that the
final report is ready, but the charge-sheet has not been filed as
yet, since the police are yet to receive the case number which is
registered only as a crime number and accordingly, the prayer
of the petitioner that the proceedings should be quashed only on
the primary ground that there were several cases filed against
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him, all of which have resulted in acquittal and therefore, the present proceedings are one more in the series, is not acceptable. The falsity or otherwise of the allegations would have to be established at the trial.
prejudice to the case of the petitioner. The contentions on behalf of the petitioner are kept open, in the event that he should seek discharge at the appropriate time.
JUDGE
KS
2 issues framed by the court
Whether the Criminal Petition seeking quashing of proceedings under Section 482 CrPC should be admitted or disposed of at admission stage given the claim of multiple acquittals.
Whether the petitioner's contentions regarding the falsity of allegations can be assessed at the admission stage.
1 provisions across 1 enactments
David D'Souza
State of Karnataka
Joseph D'Souza
Anand Byrareddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
