Dismissed

Sri N Ramakrishna Bhat v. the State of Karnataka

Karnataka HC10 Aug 2021CRL.P/2584/2019

Case brief

AI extract

What is this about?

The court dismissed a petition seeking quashment of an FIR under Section 482 Cr.P.C. as infructuous, noting that nearly two years had passed since registration without any charge-sheet or report by the investigating agency, rendering the litigation substanceless.

What did the court decide?

The criminal petition seeking quashment of Cr.No.9/2019 was dismissed as infructuous.

Sri N Ramakrishna Bhat Vs the State of Karnataka — Quashing and FIR | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF AUGUST, 2021

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BEFORE

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THE HON'BLE MR. JUSTICE K. SOMASHEKAR CRIMINAL PETITION No.2584/2019

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BETWEEN :

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SRI. N. RAMAKRISHNA BHAT S/O K.GANGAPATHI BHAT, AGED ABOUT 62 YEARS, RESIDING AT NO.8, SAISMARAN, 6^TH PHASE, 17^TH CROSS, J.P.NAGAR, BENGLAURU-560078

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...PETITIONER

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(BY SRI Y. RAJENDRA PRASAD SHETTY, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY INSPECTOR OF POLICE, VIDYARANYAPURA POLICE STATION, KRISHNARAJA SUB-DIVISION, MYSURU CITY-570022.

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G. NARAYANA SHARMA S/O K.GANAPATHI BHAT, AGED ABOUT 52 YEARS, R/AT NO.3771/D, 7^TH CROSS, 10^TH MAIN, 3^RD CROSS, DATTAHALLI, MYSURU-570022.

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…RESPONDENTS

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(BY SRI. RAHUL RAI.K., H.C.G.P. FOR R-1)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE FIR CR.NO.9/2019 DATED 12.02.2019 BY THE VIDYARANYAPURA POLICE STATION, MYSURU CITY WHICH IS PENDING BEFORE THE II-JMFC, MYSURU FOR THE OFFENCES REGISTERED UNDER SECTION 323, 506, 365, 354, 341, 384 READ WITH 149 OF IPC REGISTERED AGAINST THE PETITIONER SO FAR AS PETITIONER/ACCUSED NO.1.

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THIS CRIMINAL PETITION COMING ON FOR ADMISSION THROUGH PHYSICAL HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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None appears for the petitioner either physically or through video conferencing. But learned HCGP for the State is present before court physically.

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This petition is filed seeking quashment of initiation of criminal proceedings against the petitioner in Cr.No.9/2019 by Vidhyaranyapura Police Station, Mysuru City, for the offences punishable under Sections 323, 506, 365, 354, 341, 384 read with Section 149 IPC, 1860, who is arraigned as accused No.1 in this petition.

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The second respondent herein Sri G. Narayana Sharma - complainant has also filed an application under Order 1 Rule 10 and Order 23 Rule 1(a) read with Section 151 of CPC along with the affidavit in OS No.15/2017 in

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the partition suit before the Additional Senior Civil Judge & JMFC, Putturu, Dakshina Kannada, while withdrawing the partition claim by the 2^nd respondent, arraigned as defendant Nos.15 and 16 in the counter claim in the said suit.

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When once FIR has been recorded by the police

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having jurisdiction under Section 154 of the Cr.P.C., subsequently the domain is vested with the Investigating Agency to proceed for investigation by following the requisite conditions under Section 173(2) of Cr.P.C. The Investigating Agency shall record the statement of witnesses and so also secure the material documents and draw the mahazar in the presence of panch witnesses. Similarly, the Investigating Agency should follow the requisite conditions under Section 167(2)(a)(i) and (ii) relating to the offences maintained in the schedule in the classification that the I.O. has to lay the charge-sheet under the relevant provisions within 90 days or 60 days as regards the offences lugged against the accused in the FIR.

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But in the instant case, Vidhyaranyapura Police Station has registered the case in Cr.No.9/2019 by recording an FIR dated 12.02.2019. Taking into consideration the year of registration of the crime as 2019, it is almost all completion of two years. But there is no further progress by following the requisite conditions of Section 173(2) Cr.P.C. either to file a charge-sheet / challan against the accused or file any other report under the relevant provisions of the Cr.P.C. Therefore, this petition does not hold any substance to proceed further seeking quashment of the case in Cr.No.9/2019 registered by the Vidhyaranyapura Police Station.

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Consequently, this petition is dismissed as having become infructuous. Upon disposal of the main petition, pending consideration of I.A.No.1/2019 does not arise and the same also stands dismissed.

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Sd/JUDGE

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PL*

Sri N Ramakrishna Bhat v. the State of Karnataka

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Sri N Ramakrishna Bhat v. the State of Karnataka

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