Criminal petition under Section 482 Cr.P.C. for quashment of proceedings for Sections 447, 420 IPC filed against petitioners dismissed as infructuous since two years elapsed without investigation report or charge-sheet.
Petition dismissed as infructuous; liberty reserved for further proceedings if any report/file is lodged subsequently.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF AUGUST, 2021
BEFORE
THE HON'BLE MR. JUSTICE K.SOMASHEKAR
CRIMINAL PETITION No.5088 OF 2019
BETWEEN:
…PETITIONERS
(BY SRI. ROOPESHA.B. ADV.)
AND:
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R/AT VILLA 58, LANE 2 PHASE-1, ADARSH, PALM RETREAT BELLANDUR, OUTER RING ROAD BENGALURU – 560 103.
…RESPONDENTS
(BY SRI. RAHUL RAI.K., HCGP FOR R-1 SRI. N. RAVINDRA KAMATH, ADVOCATE FOR R-2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CODE OF CRIMINAL PROCEDURE PRAYING TO QUASH THE PROCEEDINGS INITIATED AGIANST THE PETITIONERS IN CRIME NO. 35/2019 PENDING ON THE FILE OF THE XLIII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE , MAYO HALL BENGALURU FOR THE OFFENCE P/U/S. 447, 420 R/W SECTION 34 OF IPC FILED BY 1ST RESPONDENT POLICE I.E., MAHADEVAPURA POLICE STATION, BENGALURU.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R
Sri.B.Roopesha, learned counsel for the petitioners is
present before the Court physically, so also learned HCGP for the respondent – State. Sri.N.Ravindra Kamath, learned counsel for respondent No.2 is appearing through video conference.
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Sections 447, 420 r/w 34 of the IPC. When once the FIR has been recorded by the police having jurisdiction, subsequently the domain is vested with the Investigating Agency to proceed for investigation by following the requisite conditions under Section 173(2) of Cr.P.C. The Investigating Agency shall record the statement of witnesses and so also secure the material documents and draw the mahazar in the presence of panch witnesses. Similarly, the Investigating Agency should follow the requisite conditions under Section 167(2)(a)(i) and (ii) relating to the offences maintained in the schedule in the classification that the I.O. has to lay the charge-sheet under the relevant provisions within 90 days or 60 days as regards the offences lugged against the accused in the FIR.
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charge-sheet / challan against the accused or file any other report under the relevant provisions of the Cr.P.C. Therefore, this petition does not hold any substance to proceed further seeking quashment of the case in Cr.No.35/2019 registered by the Mahadevapura P.S.
Upon disposal of the main petition, I.A.No.1/2019 is
dismissed as it does not survive for consideration.
JUDGE
Srl.
2 issues framed by the court
Whether the criminal petition under Section 482 Cr.P.C. for quashing proceedings can be maintained after completion of two years without charge-sheet or report.
Did the court dismiss the petition for lack of substance after two years of registration without investigation progress?
SMT. PARVATHAMMA W/O VENAKTESH
SMT. SWETHA.V D/O VENKATESH
STATE
SMT. KAVITHA SURESH KUMAR
K. SOMASHEKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
