High Court of Karnataka dismissed a criminal petition under S.482 Cr.P.C. seeking quashing of an FIR under Information Technology Act and IPC as infructuous because the investigation was nearly completed and exceeded the statutory period.
Petition dismissed as infructuous; inquiry into quashing of complaint denied.
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 AT BENGALURU
DATED THIS THE 9TH DAY OF AUGUST, 2021
BEFORE
THE HON'BLE MR. JUSTICE K. SOMASHEKAR
CRIMINAL PETITION NO.177/2019
BETWEEN :
SRI. BAHUBALI M.B., S/O LATE SRI. D.J. MALAGATTI, AGED ABOUT 40 YEARS, RESIDING AT NO.23, 2ND MAIN, 3RD CROSS, BANASHANKARI 2ND STAGE, BANGALORE-560078.
PRESENTLY RESIDING AT: MIS. CO-ORDINATOR, BENGALURU URBAN JILLA PANCHAYATH, KANAKAPURA MAIN ROAD, BENGALURU CITY – 560056, KARNATAKA.
… PETITIONER
(BY SRI. BHARATH, ADV., FOR
AND :
BY KUMARASWAMY LAYOUT POLICE STATION, BANGALORE CITY, BANGALORE. REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-01.
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BANASHANKRI, BANGALORE-560070.
… RESPONDENTS
(BY SRI RAHUL RAI K., HCGP FOR R-1 APPEARING THROUGH PHYSICAL HEARING)
THIS CRL.P. IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE COMPLAINT IN CRIME NO.387/2018, REGISTERED BY THE RESPONDENT POLICE i.e., KUMARASWAMY LAYOUT POLICE FOR THE OFFENCES PUNISHABLE UNDER SECTION 66D OF THE INFORMATION TECHNOLOGY ACT, 2000, AND SECTIONS 34, 409, 420, 465, 467, 468, 469, 470 AND 471 OF INDIAN PENAL ACT, AND CONSEQUENTLY ALL FURTHER PROCEEDINGS IN CRIME NO.387/2018, ON THE FILE OF THE I ADDITIONAL C.M.M COURT, NRUPATHUNGA ROAD, BANGALORE CITY.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Sri Bharath, learned counsel for the petitioner is physically present before the Court and representing Sri P.B.Raju, learned counsel who is on record.
As the counsel who is on record is not keeping well, Sri Bharath, learned counsel is seeking for short accommodation to proceed further in this matter.
Under this petition, the petitioner is seeking for quashing of criminal proceedings in Crime No.387/2018 registered by Kumaraswamy Layout Police Station for
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the offences punishable under Section 66(D) of Information Technology Act, 2000 and so also the offences under Sections 467, 465, 420, 409, 468, 471, 469 and 470 r/w Section 34 of IPC, which is pending before the I Addl. CMM Court, Nrupatunga Road, Bangalore City. The Kumaraswamy Layout Police Station has registered the crime by recording FIR dated 03.10.2018. The complaint has been lodged by Sri Siddaramaiah C., and the FIR is said to have been recorded by the police having jurisdiction.
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and (ii) of Cr.P.C which relates to the offences as stated in the classification of the schedule in the Code of Criminal Procedure that the investigation has to be completed within a stipulated period of 90 days or 60 days, which is required to be complied by the Investigating Agency.
Sd/-
JUDGE
PB
1 issue framed by the court
Whether a criminal petition under S.482 Cr.P.C. seeking quashing of FIR can be admitted after nearly three years have elapsed since registration.
5 provisions across 3 enactments
SRI. BAHUBALI M.B.
STATE OF KARNATAKA
SRI. SIDDARAMAIAH C.
K. SOMASHEKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
