Smt Archana Swamy P v. the State of Karnataka
Case brief
What is this about?
The High Court quashed Crime No.81/2020 filed against unknown persons arising from a road accident involving a taxi driven by respondent No.5. The petitioner, whose mother died in the accident, sought quashing because the initial complaint against unknown persons was improper. The Court accepted the driver was in possession of the vehicle and ordered the police to file fresh proceedings issuing re
What did the court decide?
The Crime No.81/2020 dated 21.03.2020 is quashed. The police is directed to consider the representations dated 20.05.2020 and 16.06.2020 and register the case if a criminal offence is made out.
W.P. NO.10977 OF 2020
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF NOVEMBER, 2020
BEFORE
THE HON’BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO.10977 OF 2020 (GM-RES)
BETWEEN:
SMT. ARCHANA SWAMY P W/O SRI. RAVEESH H P AGED ABOUT 45 YEARS RESIDING AT NO.90 GROUND FLOOR, 4TH MAIN AGS COLONY, ANAND NAGARA HEBBAL, BENGALURU-560 024 ...PETITIONER
(BY SRI. VASANTH KUMAR.H.T, ADVOCATE)
AND:
- THE STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY HOME DEPARTMENT VIDHANA SOUDHA BANGALORE-560 001
Issues for consideration
2 issues framed by the court
Whether Crime No.81/2020 should be quashed and the police directed to consider representations to register a case against the driver.
Whether the complaint ought to have been registered showing that the respondent was driving the vehicle at the time of accident.
Parties & counsel
- petitioner
SMT. ARCHANA SWAMY P
- respondent
THE STATE OF KARNATAKA
- respondent
SRI. SYED MUSKER AHMED
Coram
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · November
- Registered
- Case no.
- WP/10977/2020
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