The High Court of Karnataka dismissed a criminal petition seeking quashing of proceedings filed under Section 482 Cr.P.C. as infructuous after the case had been committed to the Sessions Court for trial under Section 209 Cr.P.C.
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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.3510/2019
BETWEEN:
N.V. BABU REDDY S/O VENUGOPAL REDDY, R/A NO.448, BEHIND GOVERNMENT SCHOOL, DODDANEKKUNDI, BANGALORE-560037.
…PETITIONER
(BY SRI. SALMAN, ADV., FOR SRI. ANEES ALI KHAN, ADV., APPEARING THROUGH VIDEO CONFERENCE)
AND:
STATE BY K.R.PURAM P.S, BANGALORE-560036.
REPRESENTED BY
THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDINGS, BANGALORE-560001.
…RESPONDENT
(BY SRI. RAHUL RAI K., HCGP APPEARING THROUGH PHYSICAL HEARING)
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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE CHARGE SHEET IN C.C.NO.54946/2018 OF K.R PURAM P.S., FOR THE ALLEGED OFFENCES U/S 120B, 143, 147, 148, 427, 341, 307, 506 R/W 149 OF IPC PENDING ON THE FILE OF THE X A.C.M.M., MAYO HALL, BANGALORE.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Sri Salman, learned counsel for the petitioner is appearing through video conference and representing Sri Anees Ali Khan, learned counsel who is on record. But, learned HCGP for the respondent-State is physically present before the Court.
C.C.No.54946/2018 of K.R. Puram Police Station for the offences punishable under Sections 120-B, 143, 147, 148, 427, 341, 307 and 506 r/w Section 149 of Indian Penal Code, which is pending before X Addl. CMM Court, Mayo Hall, Bengaluru. Subsequent to
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registration of case by the K.R. Puram Police Station, the Investigation Officer has taken the case for investigation by following the relevant provision under the Code of Criminal Procedure and investigated the case and filed the charge sheet against the accused. Accordingly, the case came to be registered in CC.No.54946/2018 before the Court having the jurisdiction. But, subsequent to filing of the charge sheet, the Committal Court has passed the order under Section 209 of Cr.P.C., by following the mandatory provisions of Sections 207 and 208 of Cr.P.C., and committed the case to the Sessions Court having jurisdiction to trial up the case against the accused and this case in SC.No.765/2019 is pending before the Sessions Court i.e., City Civil and Sessions Judge, Bangalore City.
has been committed to the Sessions Court having
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jurisdiction to trial up the case against the accused, this petition does not survive for consideration.
consideration and the same is dismissed.
Sd/JUDGE
PB
N.V. BABU REDDY
THE STATE
K. SOMASHEKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
