Dismissed

Dr. Nethravathi.v v. State by White Field Police Station

Karnataka HC3 Sept 2021CRL.P/2788/2019

Case brief

AI extract

What is this about?

Criminalpetitioners sought to quash criminal proceedings initiated in 2019. The petitioners were absent. The High Court held that since the case is nearly two years old with no charge sheet filed, the investigation appears incomplete. The petition was dismissed as infructuous, and the stay application was also dismissed.

What did the court decide?

Criminal Petition dismissed as infructuous; Stay Prayer (IA No.1/2019) dismissed.

Dr. Nethravathi.v Vs State by White Field Police… — Criminal Trial and Appeal | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 03^RD 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.2788/2019

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BETWEEN:

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DR.NETHRAVATHI.V W/O. LATE MANJUNATHA REDDY AGED ABOUT 49 YEARS R/AT VALEPURA, SORAHUNASE POST VARTHUR HOBLI BENGALURU - 560 087

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NAVEN REDDY.B.M. AGED ABOUT 32 YEARS S/O. LATE MANJUNATHA REDDY R/AT VALEPURA, SORAHUNASE POST VARTHUR HOBLI

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BENGALURU - 560 087

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SMT.VENKATALAKSHMAMMA W/O. LATE VENKATASWAMY REDDY AGED ABOUT 70 YEARS R/AT VALEPURA, SORAHUNASE POST VARTHUR HOBLI

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BENGALURU - 560 087 ... PETITIONERS

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(BY SRI D.R.SUNDARESHA, ADV. [ABSENT])

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AND:

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STATE BY WHITE FILED POLICE STATION BEGNALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR

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HIGH COURT BUILDING BANGALORE - 560 001.

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RAVIKUMAR REDDY S/O. B.N.RAMACHANDRA REDDY AGED ABOUT 46 YEARS NO.736/44, 1ST CROSS CHOWDESHWARI LAYOUT MARATHAHALLI

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BENGALURU - 560 037 ... RESPONDENTS

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(BY SRI. RAHUL RAI, HCGP FOR R1)

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THIS CRIMINAL PETITION IS FILED U/S. 482 OF CR.P.C. PRAYING TO QUASH THE COMPLAINT AND ALL FURTHER PROCEEDIGNS IN CR.NO.91/2019 ON THE FILE OF RESPONDENT NO.1 BEFORE THE ADDL.C.J.M., BENGALURU RURAL DISTRICT, BENGALURU DATED 03.03.2019 FOR THE OFFENCE P/U/S 506, 504, 120(B), 406 AND 420 R/W 149 OF IPC FILED BY THE RESPONDENT NO.2.

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

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ORDER

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None appears for the petitioners either through video

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conferencing or present before the Court physically.

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This matter is set down for Admission. However,

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the same has been take up for final disposal.

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Learned HCGP is present before the Court

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physically and submits that the case in Cr.No.91/2019 has

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been registered by the Whitefield police station and whereby,

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FIR has been submitted to the Court of Additional Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru for the offences punishable under Section 506, 504, 120B, 406, 420 r/w Section 149 of Indian Penal Code, 1860.

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Sri.Ravikumar Reddy approached the Whitefield Police Station, Bengaluru City to initiate criminal case against the accused and based upon his compliant, criminal law was set into motion by registering the case in Cr.No.91/2019 for the offences which reflected in FIR, said to have been recorded by the jurisdictional Police. However, crime is of the year 2019 and more so, almost all completion of two years.

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Keeping in view the provision of Section 173(2) of Cr.P.C, when once the FIR has been recorded by the Police having jurisdiction and Investigating Agency having taken up the case for investigation, Investigation has to be completed in accordance with the provision of Code of Criminal Procedure by recording statement of witnesses and so also

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securing the material documents in order to laying of charge sheet against him. However, in the instant case, the case is of the year 2019 and it is almost completion of 2 years for having initiation of criminal prosecution against the accused in Cr.No.91/2019. Therefore, this petition is dismissed as having become infructuous.

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

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for stay does not survive for consideration and the same is dismissed.

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Sd/JUDGE

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Dr. Nethravathi.v v. State by White Field Police Station

Case brief

What is this about?

What did the court decide?

Dr. Nethravathi.v v. State by White Field Police Station

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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