Dismissed

R Baskaran v. State of Karnataka by

Karnataka HC5 Feb 2021CRL.P/3652/2018

Case brief

AI extract

What is this about?

Petitioners sought quashing of a charge sheet under S. 482 Cr.P.C. regarding offences u/s 417, 418, 420, and 34 of IPC. The Court held that since the trial is in progress and evidence has been collected, the petition does not survive and is liable to be dismissed. A connected application was also disposed of.

What did the court decide?

The petition under S. 482 Cr.P.C. was dismissed. The connected application IA 1/2018 was disposed of.

R Baskaran Vs State of Karnataka by — Cheque Dishonour | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 05^th DAY OF FEBRUARY 2021

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BEFORE

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THE HON’BLE MR. JUSTICE P. KRISHNA BHAT

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CRL.P. NO.3652/2018

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BETWEEN

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1 . R BASKARAN S/O RETNA PANDIAN, R/AT M/S ARUNACHAL EXPORT AND TRADING, 93C/84/31F, RAJEEV NAGAR, 5TH STREET, TUTICORIN, TAMIL NADU-628002

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AS PER CHARGE SHEET: NO.2G/132, 2ND STREET, RAJIVNAGAR, THOOTHUKUDI, TAMILNADU-628002

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2 . JACKLIN W/O R.BASKARAN, R/AT M/S ARUNACHAL EXPORT AND TRADING, 93C/84/31F, RAJEEV NAGAR, 5TH STREET, TUTICORIN, TAMIL NADU-628002 AS PER CHARGE SHEET: NO.2G/132, 2ND STREET, RAJIVNAGAR, THOOTHUKUDI, TAMILNADU-628002. ...PETITIONERS

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(BY SRI. B.S. KUKANAGOUDAR, ADV.)

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AND

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1 . STATE OF KARNATAKA BY KUMTA POLICE STATION, UTTARA KANNADA DISTRICT, REP BY SPP, HIGH COURT OF KARNATAKA, BANGALORE-560 001.

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2 . MUKUND KAMAT S/O SRIDHAR KAMAT, SANTADURGA CASHEW INDUSTRY NEAR DEVAKI KRISHNA DEVALAYA, HERAVATTA, KUMATA TALUK, UTTARA KANNADA-581 332. …RESPONDENTS

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(BY SRI.PRAVEEN K.UPPAR, HCGP FOR R1 SMT. NANDIN B. SOMAPUR ADV. FOR SRI. B.V.SOMAPUR, ADV. FOR R2)

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CRL.P FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO QUASH THE CHARGE SHEET IN CR.NO.234/2016 ARISING OUT OF PCR NO.156/2016 REGISTERED BY THE KUMTA POLICE STATION FOR THE OFFENCE P/U/S 417,418 AND 420 R/W 34 OF IPC WHICH IS PENDING IN C.C.NO.824/2017 BEFORE THE HON'BLE ADDITIONAL CIVIL JUDGE AND J.M.F.C., KUMTA, UTTARA KANNADA IN WHICH THE PETITIONERS

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

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ORDER

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In this petition, the petitioners who are accused Nos.1 and 2 in Crime No.234/2016 of Kumta Police Station are praying for quashing of the charge sheet filed in CC No.824/2017 and the further proceedings taken before the learned Additional Civil Judge and JMFC, Kumta, Uttara Kannada, for offences punishable under Sections 417, 418, 420 r/w 34 of IPC.

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Learned HCGP on instructions, submits that the trial is in progress before the learned Additional Civil Judge and JMFC, Kumta and already three witnesses have been examined and the case is now posted to 24/3/2021 for further evidence. Under such circumstances, this petition does not survive for consideration. Accordingly, it is liable to be dismissed.

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3. Hence, the following:-

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The above petition is dismissed.

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All contentions are left open.

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In view of the above order, IA 1/2018 does not survive for

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consideration and accordingly, it is disposed of.

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Sd/JUDGE

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Vmb

R Baskaran v. State of Karnataka by

Case brief

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R Baskaran v. State of Karnataka by

Case brief

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