This writ appeal challenging the quashing of an FIR under Section 482 CrPC was dismissed as not maintainable. The court observed that since the underlying writ petition resulted in the quashing of the FIR, the appeal was barred and disposed of without prejudice to the remedy.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1st DAY OF JULY, 2019
PRESENT
THE HON’BLE MR. ABHAY S. OKA, CHIEF JUSTICE
AND
THE HON’BLE MR.JUSTICE H.T.NARENDRA PRASAD WRIT APPEAL NO.905/2019 (GM-RES)
BETWEEN:
... APPELLANTS
(BY SHRI S. H. PRASHANTH, AGA)
AND:
NATIONAL PUBLIC SCHOOL NO.CA, 13TH MAIN ROAD HAL II STAGE, INDIRANAGAR BENGALURU– 560 038
NATIONAL PUBLIC SCHOOL NATIONAL GAMES VILLAGE COMPLEX 80 FEET ROAD, KORAMAGALA BENGALURU – 560 018
... RESPONDENTS
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 05.04.2017 PASSED BY THIS HON’BLE COURT IN W.P.NOS.49023-49025/2016 AND W.P.NOS.49258-19260/2016 (GM-RES) AND ETC.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT
By the impugned order dated 5th April 2017, a first information report has been quashed by the learned Single Judge. The said order has been passed in the writ petitions filed under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973.
3. Accordingly, the appeal is disposed of by keeping
open the remedy of the appellant.
The pending interlocutory applications do not survive and are accordingly disposed of.
Sd/CHIEF JUSTICE
Sd/JUDGE
SN
1 provisions across 1 enactments
State of Karnataka By Its Vijayanagar Police Station Mysuru City
The Commissioner Department of Public Instructions Government of Karnataka
Sri K.P. Gopalakrishna
National Education Trust
abhay s ока
h.t.narendra prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
