Dismissed

Sri. Emmanuel Jude Charles v. the State of Karnataka by Hsr Layout P.S

Karnataka HC6 Oct 2020CRL.P/4654/2020

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a criminal petition seeking quashing of proceedings in Crime No.114/2019 registered on suspicion. The court quashed the challan and all consequential police actions after finding that linked theft charges arising from the petitioner's statement had already been quashed, rendering further proceedings purposeless.

What did the court decide?

Proceedings in Crime No.114/2019, the challan, and all consequential police actions were quashed. The IA-1/2020 was consigned to the file.

Sri. Emmanuel Jude Charles Vs the State of… — Criminal Trial and Appeal | Karnataka HC (2020)

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CRL.P. No.4654 OF 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF OCTOBER, 2020

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BEFORE

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THE HON’BLE MR. JUSTICE SURAJ GOVINDARAJ

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CRIMINAL PETITION NO.4654 OF 2020

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BETWEEN:

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SRI. EMMANUEL JUDE CHARLES S/O SRI. FREDDY CHARLES RK AGED ABOUT 18 YEARS RESIDING AT NO.4, 1^ST CROSS 1^ST MAIN, MARUTHI NAGAR MADIVALA, BENGALURU-560068 ... PETITIONER (BY SRI.B.V. PINTO, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BY HSR LAYOUT PS BENGALURU CITY, BENGALURU REPRESENTED BY S.P.P. HIGH COURT OF KARNATAKA BENGALURU (BY SMT. RASHMI JADHAV, HCGP)

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... RESPONDENT

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THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C, PRAYING TO QUASH THE ALL ITS PROCEEDINGS IN CR.NO.114/2019 OF HSR POLICE STATION ALONG WITH ALL CONSEQUENTIAL ACTIONS INITIATED BY HSR POLICE STATION, PENDING ON THE FILE OF THE HON’BLE 37^TH ACMM, BENGALURU FOR ALLEGED OFFENCE P/U/S 102, 41(D) OF CR.P.C AND U/S 379 OF IPC AGAINST THE PETITIONER HEREIN.

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THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THROUGH VIDEO CONFERENCE THE COURT MADE THE FOLLOWING:

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CRL.P. No.4654 OF 2020

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ORDER

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The petitioner is before this Court seeking quashing of the proceedings in Crime No.114/2019 registered by HSR Police Station which is now pending on the file of 37^th ACMM, Bengaluru for offence punishable under Section 102, 41(D) of Cr.P.C. and Section 379 of IPC. The above FIR came to be registered on 6.04.2019 alleging that on 5.4.2019 the first informant found the petitioner pushing a two wheeler motorcycle in a suspicious manner near Rajeev Gandhi Nagar Park, HSR Layout, Bengaluru, on enquiry the first informant did not get satisfactory answer and as such, the petitioner came to be arrested and above complaint was registered. Thereafter it came to light on the basis of voluntary statement made by the petitioner that the petitioner had indulged in theft of three vehicles, as regards which C.C.Nos.15283/2019, 17747/2019 and 19603/2019 had been filed.

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Sri.B.V.Pinto, learned counsel for the petitioner submits that all the above crimes have been subsequently

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CRL.P. No.4654 OF 2020

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quashed and none of these proceedings are pending, as such those crimes which arise out of the voluntary statement made by the petitioner in Crime No.114/2019 having come to an end, the question of continuance of the proceedings in Crime No.114/2019 which was only registered under suspicious circumstances, which does not include any particular offence being alleged against the petitioner, ought not to be continued and it requires to be quashed.

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On enquiry learned HCGP confirm that those proceedings have been quashed and there are no other criminal proceedings pending against the petitioner arising out of Crime No.114/2019 or otherwise.

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In view of the said submission made by both the counsels, there appears to be no purpose which would be served by continuance of the proceedings in Crime No.114/2019 since all crimes arising out of the voluntary statement made by the petitioner-accused therein have come to a closure. In view thereof, the proceedings in Crime No.114/2019 registered by HSR

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CRL.P. No.4654 OF 2020

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Police Station pending on the file of 37th Addl. CMM, Bengaluru, are quashed.

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The Writ Petition is allowed, as also all consequential action initiated by the HSR Police Station in furtherance of the above crime are also quashed.

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In view of allowing of the writ petition, IA-1/2020 does not survive for consideration and is accordingly consigned to file.

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Sd/JUDGE

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Sri. Emmanuel Jude Charles v. the State of Karnataka by Hsr Layout P.S

Case brief

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Sri. Emmanuel Jude Charles v. the State of Karnataka by Hsr Layout P.S

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