The High Court dismissed the criminal petition filed to quash an FIR as infructuous. The Court observed that due to delays in investigation since 2018 without a charge sheet, further accommodation for curative defects served no purpose.
Petition dismissed as infructuous; I.A No.1/2019 also 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.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER 2021
BEFORE
THE HON'BLE MR. JUSTICE K.SOMASHEKAR
CRIMINAL PETITION NO.1098/2019
BETWEEN:
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PRESENTLY WORKING AS A HEAD CONSTABLE IN HEBBUGODI POLICE STATION.
...PETITIONERS
(BY SRI. NARASIMHARAJU - ADVOCATE)
AND
STATE BY KUMARASWAMY LAYOUT POLICE STATION BANGALORE CITY REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BANGALORE-560001.
…RESPONDENT
(BY SRI. RAHUL RAI K., HCGP)
THIS CRIMINAL PETITION FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE FIR IN CRIME NO.493/2018, PENDING ON THE FILE OF THE RESPONDENT POLICE FOR AN OFFENCE P/U/S 420, 120B, 506 R/W 34 OF IPC.
THIS PETITION COMING ON FOR ORDRES THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
Learned Counsel for petitioners Sri.Narashimharaju
appears through video conferencing and seeks a short accommodation to remove office objections raised by this
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office, for the third time. Neither the counsel for petitioners who is on record nor the petitioners who are arraigned as accused in Crime No.493/2018 are diligent or vigilant to cure the defects under the Curial law to proceed further in this matter, in accordance with law.
Court physically and submits that the case in Crime No. 493/2018 vide Annexure-A has been registered by Kumaraswamy Layout Police Station, Bengaluru City by recording an FIR dated 27.12.2018 for offences punishable under Sections 420, 120B, 506 read with Section 34 of IPC 1860. This submission is placed on record. But learned HCGP for State further submits that, the crime is of the year 2018 and there is no progress even to file a charge sheet by the Investigating Agency by following the mandatory provisions of the Code of Criminal Procedure. Therefore he seeks for dismissal of this petition as having become infructuous.
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seeks a short accommodation to cure the defects during the course of the day. Even if time is accommodated to the counsel to cure the defects, no purpose will be served in this matter.
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is deemed appropriate to state that this petition is dismissed as having become infructuous.
Sd/JUDGE
RJ / KS
2 issues framed by the court
Whether a criminal petition filed under Section 482 Cr.P.C. to quash an FIR becomes infructuous if the investigation has not progressed despite the crime being old.
Whether the Investigating Agency has complied with mandatory timelines for filing a charge sheet under Sections 167 and 173 Cr.P.C.
6 provisions across 1 enactments
Sri. Krishna Murthy
Sri U. Nagaraju
Sri Dayananda
State
K.Somashekar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
