Dismissed

Mr Shamsunder K S v. State of Karnataka

Karnataka HC8 Sept 2021CRL.P/2235/2019

Case brief

AI extract

What is this about?

Petitioner filed a criminal petition under Section 482 Cr.P.C. to quash an FIR registered under Sections 406, 420, 314, 313 IPC arising from a 2018 complaint. The court noted the absence of the petitioner and the inordinate delay of nearly three years in the investigation, rendering the petition infructuous.

What did the court decide?

Petition dismissed as infructuous on account of inordinate delay in investigation; interior application also dismissed.

Mr Shamsunder K S Vs State of Karnataka — Cheque Dishonour | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8^TH DAY OF SEPTEMBER, 2021

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BEFORE:

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THE HON’BLE MR.JUSTICE K.SOMASHEKAR

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CRIMINAL PETITION NO.2235/2019

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BETWEEN:

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MR. SHAMSUNDER K S, AGED ABOUT 44 YEARS, S/O SRI SHANKAR NARAYAN RAO, AT NO.308, BLOCK-A, ELEGANCE LALBAGH VIEW APARTMENT, SIDDAPURA, MAVALLI, BANGALORE-560 011.

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…PETITIONER

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(BY SRI MANJUNATHA M.R., ADVOCATE)

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AND:

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STATE OF KARNATAKA, REPRESENTED BY JAYANAGAR POLICE STATION, BENGALURU-560 011.

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MS. ANAMIKA CHAUDARY, AGED 30 YEARS, NO.593, 1ST FLOOR, NEAR SHALINI GROUND, 10 'A' MAIN, 44TH 'F' CROSS, 5TH BLOCK, JAYANAGAR, BENGALURU-560 041.

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…RESPONDENTS

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(BY SRI RAHUL RAI K., HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE FIR VIDE ANNEXURE-A AND CONTINUATION OF PROCEEDINGS IN CR.NO.381/2018 PENDING BEFORE IV-ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU.

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THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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None appears for the petitioner either through

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video conference or present before the Court physically. But this matter is slated for removal of office objections which has been raised by this office for third time. But neither the counsel for the petitioner who is on record nor the petitioner being arraigned as accused in Crime No.381/2018 are diligent or vigilant to cure the defects under the curial law.

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The criminal law was set into motion by registering a complaint by Smt. Anamika Chaudary by approaching Jayanagar Police Station, Bengaluru City and based upon her complaint, a case in Crime No.381/2018 came to be registered by recording FIR

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dated 30.11.2018 for the offences punishable under Sections 406, 420, 314, 313 of Indian Penal Code, 1860.

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When once the FIR has been recorded by the

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police having jurisdiction, the domain is vested with the Investigating Agency to follow the mandatory provision under Section 173(2) of Cr.P.C., for investigating the case and recording the statement of witnesses and so also to secure the material documents and similarly, the mandatory provision of Section 167(2)(a) (i) and (ii) relating to an offence which are classified in the schedule of Code of Criminal Procedure that the investigation has to be completed within a period of 90 days or 60 days. But in this matter, the crime is of the year 2018 and it is almost all completion of 3 years. Therefore, it cannot anticipate from the Investigation Agency either to file challan/final report/charge sheet or any other report under the relevant provision of Code of

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Criminal Procedure. Consequently, petition is dismissed

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as having become infructuous.

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Upon dismissal of the main petition, IA.No.1/2019

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does not survive for consideration and same shall stand

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dismissed.

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Sd/JUDGE

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PB/RJ

Mr Shamsunder K S v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Mr Shamsunder K S v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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