Dismissed

Sri. Keshava @ Keshava Rajanna B v. the State by Pulakeshinagar Police

Karnataka HC1 Sept 2021CRL.P/3621/2019

Case brief

AI extract

What is this about?

The High Court at Bengaluru dismissed a criminal petition seeking quashment of proceedings for an offense committed in 2019. The court ruled the petition infructuous as the Investigating Officer failed to file a final report or charge sheet within nearly two years, thus terminating the investigation.

What did the court decide?

The criminal petition filed under Section 482 Cr.P.C. seeking quashment of proceedings in Crime No.24/2019 was dismissed as infructuous.

Sri. Keshava @ Keshava Rajanna B Vs the State by… — Quashing and FIR | Karnataka HC (2021)

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Crl.P.3621/2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 01^ST 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.3621 OF 2019

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BETWEEN:

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SRI. KESHAVA @ KESHAVA RAJANNA. B. S/O N. RAJANNA AGED ABOUT 48 EYARS.

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SMT. PUSHPA W/O KESHAVA RAJANNA. B. AGED ABOUT 40 YEARS.

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BOTH ARE RESIDING AT NO.09, ARNA NILAYA, 6TH CROSS, SRI SAI LAYOUT, BANGALORE-560043.

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SRI MUNIKRISHNAPPA. B. S/O LATE BYANNAPPA, AGED ABOUT 73 YEARS, R/A NO.1794, 9TH CROSS, 'C' BLOCK, SAHAKARANAGAR, BANGALORE-560092. ...PETITIONERS

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(BY SRI NARAYANA SWAMY.P.M., ADV. (ABSENT) )

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AND:

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THE STATE BY PULAKESHINAGAR POLICE, PULAKESHINAGAR SUB DIVISOIN, BANGALORE CITY - 560 040.

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Crl.P.3621/2019

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REPT. BY SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560001.

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SRI N. RAJANNA S/O LATE NANJAPPA @ NANJUNDAPPA, AGED ABOUT 78 YEARS

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SMT. JAGADAMBHA W/O N. RAJANNA, AGED ABOUT 73 YEARS, RESPONDENT NOS. 2 & 3 R/A NO.92, CHARLES COMPBEL ROAD, BANGALORE-560005.

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SMT. PANKAJA. R. D/O N. RAJANNA, W/O KESHAVA MURTHY, AGED ABOUT 51 YEARS, R/A OLD NO.60, NEW NO.30, VENKYS SONA HARSHI, PARADISE, 2ND CROSS, MALLAPPA LAYOUT, BABU SAB PALYA, KALYAN NAGAR POST, BANGALORE-560043.

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SMT. GAJA MANOJ, D/O N. RAJANNA W/O MANOJ KUMAR. K. AGED ABOUT 46 YEARS, NO.10/2, RAMAKRISHNAPPA ROAD, COX TOWN, BANGALORE-560005. ... 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 ENTIRE PROCEEDINGS IN CR.NO.24/2019, ON THE FILE OF THE 11th A.C.M.M., COURT, MAYO HALL, BENGALURU CITY ON THE ALLEGED OFFENCE P/U/S 341,323,448,109,427,504,506,34 OF IPC, REGISTERED BY THE 1ST RESPONDENT POLICE.

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Crl.P.3621/2019

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

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O R D E R

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None appears for the petitioners either through

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video conferencing or present before the court physically.

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Learned HCGP is present before the court

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physically.

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In this petition, the petitioners are seeking for quashment of the criminal proceedings initiated against the accused in Crime No.24/2019 registered for the offences punishable under Sections 341, 323, 448, 109, 427, 504, 506 read with Section 34 of the Indian Penal Code, 1860.

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One Sri.N.Rajanna, who is the gravamen of the incident, has approached the Pulakeshinagar Police Station, Bengaluru City and based upon his complaint, the criminal law was set into motion and a case was registered in Crime No.24/2019 by recording an FIR dated 05.02.2019 for the offences stated supra.

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Crl.P.3621/2019

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Subsequent to registration of the crime, the domain is automatically vested with the investigating agency for investigating the case and to lay charge sheet against the accused before the court having jurisdiction. But in the instant case, the crime registered is of the year 2019 and it is almost completion of two years, but there is no report laid by the Investigating Officer either to be called as a final report/charge sheet as in accordance with the relevant provision of the Code of Criminal Procedure or any other report relating to the specific provision of the Code of Criminal Procedure to proceed further. Therefore, this petition is dismissed as having become infructuous.

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

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does not survive for consideration and the same stands

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dismissed.

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Sd/JUDGE

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KNM/-

Sri. Keshava @ Keshava Rajanna B v. the State by Pulakeshinagar Police

Case brief

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Sri. Keshava @ Keshava Rajanna B v. the State by Pulakeshinagar Police

Case brief

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