Petitioner prayed to quash an FIR and complaint for offences under Section 420 IPC read with Section 34 IPC. HCGP submitted investigation completed and charge sheet filed; matter posted for trial. Court held petition does not survive and dismissed it.
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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.101077 OF 2018
BETWEEN VIJAYASHRI W/O. VADIRAJ MANNARI, AGE: 36 YEARS, OCC: HOUSEHOLD WORK, R/O. NAVANAGAR, HUBLI CITY, HUBLI-DHARWAD, KARNATAKA.
… PETITIONER
(BY SRI.SHIVANAGOL VEERABHADRA, ADV.,)
AND
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OCC: RETD.CLERK, R/O. VANASHREE ROAD, ALNAVAR, TQ AND DIST: DHARWAD.
… RESPONDENTS
(BY SRI. PRAVEEN K UPPAR, HCGP FOR R1)
THIS PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE IMPUGNED COMPLAINT AT ANNEXURE-A, DATED 01.04.2017 AND COMPLAINT VIDE ANNEXURE-B IN ITS CRIME NO.32/2017 FOR THE OFFENCE PUNISHABLE UNDER SECTION 420 READ WITH 34 OF IPC DATED 01.04.2017, WHICH IS PENDING BEFORE THE III ADDITIONAL CIVIL JUDGE (JR.DN) AND JMFC, DHARWAD IN THE ENDS OF JUSTICE.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this petition, prayer is to quash the FIR in Crime No.32/2017 of Alnavar Police Station for offence punishable under section 420 read with 34 of IPC on the file of the learned III Additional Civil Judge (Jr.Dn) and JMFC, Dharwad.
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pendency of this petition, investigation has been completed and charge sheet has been filed in C.C.No.871/2018 on the file of learned III Additional JMFC Court, Dharwad and matter now stands posted for trial.
for consideration and accordingly, it is dismissed.
Sd/JUDGE
yan
1 issue framed by the court
Whether a petition under Section 482 CrPC survives for consideration during pendency once the charge sheet is filed and matter stands posted for trial.
1 provisions across 1 enactments
VIJAYASHRI W/O. VADIRAJ MANNARI
STATE OF KARNATAKA
CHANNABASAPPA S/O. NEELAPPA HITTALAMANI
P. KRISHNA BHAT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
