This order dismissed a CrPC petition filed under Section 482 for quashing an FIR. The High Court held that the registration of the FIR need not be considered on merits since a charge sheet had already been filed.
The petition for quashing the FIR and further proceedings was dismissed.
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 04TH DAY OF FEBRUARY 2021
BEFORE
THE HON’BLE MR. JUSTICE P. KRISHNA BHAT
CRL.P. NO.100890 OF 2018
BETWEEN:
SRI. SHIVANAND VEERABASAPPA PALLED AGED ABOUT 50 YEARS, SECRETARY, THE GADAG EX-SERVICEMEN ASSOCIATION, R/O NEAR ARYABHAT COLLEGE, KALASAPUR ROAD, GADAG.
…PETITIONER
(BY SRI. SUNIL S DESAI, ADV.)
AND:
STATE OF KARNATAKA R/BY STATE PUBLIC PROSECUTOR, HIGH COURT DHARWAD, THE SUB-INSPECTOR OF EXCISE, SRI. D NAGALINGACHARYA, SHIRATTI RANGE, LAKSHMESHWAR.
…RESPONDENT
(BY SRI.PRAVEEN K UPPAR, HCGP)
THIS PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE FIR NO.29/2017-18/1807SIE2/180707 DATED 14.4.2018 BY THE RESPONDENT HEREIN AGAINST THE PETITIONER FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 21, 32, 34, 38(A), 43 OF KARNATAKA EXCISE ACT, 1965 AND ALL FURTHER PROCEEDINGS THERETO AGAINST THE PETITIONER HEREIN.
2
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
From the submission made by the learned counsel for the petitioner before this Court on 22.11.2018, as recorded in the order sheet, it is evident that charge sheet was filed in this case as on that day. There is no interim order in operation in this case.
In this petition filed under Section 482 of Cr.P.C., the registration of FIR has been called in question. In view of subsequent developments, namely, filing of charge sheet, it is not necessary to consider this petition on merits. Accordingly, this petition is dismissed.
All contentions are left open.
In view of the above order, IA No.1/2018 is also dismissed as not surviving for consideration.
Sd/-
JUDGE
JTR
2 provisions across 2 enactments
SRI. SHIVANAND VEERABASAPPA PALLED
STATE OF KARNATAKA
P. KRISHNA BHAT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
