Criminal Petition filed under Section 482 Cr.P.C. to quash proceedings regarding excise offences. Court disposed of the petition as infructuous due to charge sheet filing and ongoing trial.
Petition disposed of as infructuous.
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 DHARWAD BENCH
DATED THIS THE 2ND DAY OF FEBRUARY 2021
BEFORE
THE HON’BLE MR. JUSTICE P. KRISHNA BHAT
CRL.P. NO.3463 OF 2018
BETWEEN:
SMT. C.S. SARASWATHI C/O C.S. SATYANARAYANA AGED ABOUT 44 YEARS, CL-2 LICENSEE, SEVEN HILLS WINES, DOOR NO.153/3, WARD NO.15, RUPANA GUDI ROAD, BALLARI-583101.
…PETITIONER
(BY SRI.G.K. BHAT, ADV.)
AND:
THE STATE OF KARNATAKA BY INSPECTOR OF EXCISE, OFFICE OF THE DEPUTY COMMISSIONER OF EXCISE, BALLARI DISTRICT, BALLARI-583101.
…RESPONDENT
(BY SRI. PRAVEEN K UPPAR, HCGP)
THIS PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO CALL FOR RECORDS, ALLOW THIS CRIMINAL PETITION AND QUASH THE PROCEEDINGS IN CRIMINAL CASE UNDER CRIME NO.139/2017-18 REPORTED ON THE FILE OF THE I ADDL. CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, BALLARI TO MEET THE ENDS OF JUSTICE.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
2
ORDER
The petitioner has called in question, by filing this petition under Section 482 of Cr.P.C., registration of case in Crime No.139/2017-18 for offences punishable under Sections 14, 32(1), 36 of the Karnataka Excise Act, 1965 by the Excise Inspector, office of the Deputy Commissioner of Excise, Ballari against the petitioner.
It is stated that during the pendency of this proceedings, charge sheet has been filed and even trial before the learned JMFC is in progress. In that view of the matter, it is not necessary for this Court to examine this petition on merits. Accordingly, this petition is disposed of as having become infructuous.
In view of the above order, IA No.1/2018 does not survive for consideration, and hence, it is disposed of.
Sd/-
JUDGE
JTR
4 provisions across 2 enactments
SMT. C.S. SARASWATHI
THE STATE OF KARNATAKA BY INSPECTOR OF EXCISE
P. KRISHNA BHAT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
