The High Court dismissed the criminal petition under Section 482 Cr.P.C. seeking quashing of an FIR as not pressed by the Amicus Curiae, who reserved liberty to challenge the charge-sheet filed by the police.
The petition is dismissed as not pressed; liberty reserved to challenge the charge-sheet.
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 DHARWAD BENCH
DATED THIS THE 20TH DAY OF NOVEMBER, 2020
BEFORE
THE HON’BLE DR.JUSTICE H.B.PRABHAKARA SASTRY
CRIMINAL PETITION NO.4203/2017
BETWEEN:
B. Boraiah, aged about 45 years, s/o Boraiah @ Kongaiah, working as a Divisional Controller, NEKRTC, Koppal Depot, Koppal District-583 231.
(By Sri Shivaraj S. Balloli, Amicus Curiae)
AND:
Aged about 56 years, working As a Driver, NEKRTC, Koppal Depot, Koppal District-583 231.
-Respondents
(By Sri Dinesh M. Kulkarni, Advocate for R1, Sri Santosh B. Malagoudar and Smt. Nirmala S. Sutagattimath, Advocate for R2)
: 2 :
CRL. P. NO.4203/2017
This Criminal Petition is filed under Section 482 of Cr.P.C. praying to quash the FIR in Crime No. 2/2017 pending on the file of the District and Sessions Judge and Special Court, Koppal District, Koppal for the offence punishable under Section 7, 13(1)(d) r/w Sec. 13(2) of P.C. Act & etc.
This petition coming on for admission through physical hearing/video conferencing hearing this day, the court made the following:
ORDER
Learned Amicus Curiae who is present in the Court
files a memo stating that in the present petition he has
sought for quashing of the FIR in Crime no. 2/2017 of the respondent Police. However, since the respondent Police having now filed charge-sheet he would not press
the present petition, as such, the same may be dismissed as not pressed, reserving liberty to him to challenge the charge-sheet in accordance with law.
Learned Amicus Curiae makes the same
submission in support of his memo.
None appeared for the respondents.
: 3 :
CRL. P. NO.4203/2017
In view of the memo and supporting submission, the present petition stands dismissed as not pressed reserving liberty to the petitioner to challenge the alleged charge-sheet said to have been filed in Crime No.2/2017 of the second respondent Police station, if permissible under law and in accordance with law.
The Court while acknowledging assistance extended by learned Amicus Curiae recommends the registry to consider the honorarium of a sum of not less than `2,000/- payable to him by the registry at the earliest.
SD JUDGE
bvv
1 issue framed by the court
Whether the present criminal petition under Section 482 Cr.P.C. for quashing the FIR should be admitted or dismissed.
2 provisions across 2 enactments
B. Boraiah
Sathyanarayana
State of Karnataka
H.B. Prabhakara Swamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
