A PIL petition was filed under Section 482 Cr.P.C. to quash an FIR in a cheating case. The Court observed that the allegations were not absurd and the relief sought in a parallel writ petition was different. The petition was dismissed.
The petition under Section 482 Cr.P.C. was dismissed; the accompanying IA No.1/2018 was also dismissed.
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 17TH DAY OF FEBRUARY 2021
BEFORE
THE HON’BLE MR. JUSTICE P. KRISHNA BHAT
CRL.P. NO.100383 OF 2016
BETWEEN:
SOMASHEKHAR V BANDI
AGE:51 YEARS, OCC:CONTRACTOR, NO.6, FIRST FLOOR, ANNIPUR MAIN ROAD, SUDHAM NAGAR, BENGALURU-560027.
…PETITIONER
(BY SMT. DEEPA UDIYAR, ADV. FOR SRI. A.P. MURARI, ADV.)
AND:
ADDL. ADVOCATE GENERAL’S OFFICE, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD.
AGE:38 YEARS, OCC:CONTRACTOR, #42,/372, BHAGYANAGAR COLONY, KADAPA KADAP TALUK, DIST:YSR, ANDHRA PRADESH-516002.
…RESPONDENTS
(BY SRI. PRAVEEN K UPPAR, HCGP FOR R1) (SRI. R2-DECEASED)
THIS PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE FIR AT ANNEXURE-F DATED 16.3.2016 REGISTERED IN CRIME NO.126/2016 IN MUNDARAGI POLICE STATION, GADAG DISTRICT, ON THE BASIS OF THE COMPLAINT AT ANNEXURE-G DATED 16.3.2016.
2
THIS PETITION COMING ON FOR FINAL HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this petition filed under Section 482 of Cr.P.C.,
the petitioner is praying for quashing of the entire proceedings pursuant to registration of FIR in Crime No.126/2016 of Mundaragi Police Station for offences punishable under Sections 406 and 420 of IPC.
3
went on postponing such payment on one pretext or the other, and in March 2016, when respondent No.2 made final request for payment, the petitioner herein refused to make any payment.
4
Vs. Union of India and Others reported in (2021) 1
5
SCC 1 . In the writ petition filed by respondent No.2, relief sought is altogether different from the subject matter of complaint in this case. Therefore, this is not a fit case to exercise my power under Section 482 of Cr.P.C. Accordingly, I proceed to pass the following:
ORDER
b) In view of the above order, IA No.1/2018 is also dismissed as not surviving for consideration.
Sd/JUDGE
JTR
2 issues framed by the court
Whether the petition filed under Section 482 Cr.P.C. seeking quashing of FIR in a cheating case stands allowed or dismissed.
Whether the allegations in the complaint are absurd or fail to make out any cognizable offence under Sections 406 and 420 IPC.
Colour shows how this judgement treated each authority
Amish Devgan Vs Union of India and OthersReferred¶32
Amish Devgan Vs Union of India and Others reported in (2021) 1 SCC 1 · Who else cites this
1 provisions across 1 enactments
SOMASHEKHAR V BANDI
THE STATE OF KARNATAKA
MOPURI SHAMSUNDAR REDDY
P. KRISHNA BHAT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
