Criminal Petition filed to quash FIR under Section 420 IPC was dismissed as infructuous due to nearly three-year delay since registration. Court held investigation domain lies with police; petition survived no further consideration.
Petition dismissed as infructuous; attached I.A. 1/2019 also dismissed.
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.
: 1 :
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF SEPTEMBER 2021
BEFORE
THE HON'BLE MR. JUSTICE K.SOMASHEKAR
CRIMINAL PETITION NO. 667 OF 2019
BETWEEN:
... Petitioners
(By Sri. N Suresha, Advocate(Absent))
AND
: 2 :
R/at No.1089, 12th Main Indiranagar Bangalore – 560 008.
...Respondents
(By Sri. Rahul Rai .K, HCGP for R-1)
This Criminal Petition filed Under Section, 482 of Cr.P.C by the advocate for the petitioner pleased to quash the FIR dated 31.07.2018 in Crime No.319/2018 on the file of the Addl. Chief Judicial Magistrate, Bangalore Rural vide Annexure-E.
This petition coming on for Admission this day, the court made the following:
O R D E R
None appear for the petitioners either through video
conferencing or present before the Court physically.
3.One Chiranjeevi N.Reddy had approached the Whitefield Police Station, Bangalore City and based upon his complaint, the case in Crime No.319/2018 has been registered by recording the FIR dated 31.07.2018. But the criminal law was set into motion in the year 2018 by
: 3 :
recording FIR. When once the FIR has been recorded by the police having jurisdiction under Section 154 of the Cr.P.C., 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. But in this matter crime came to be registered by the respondent – police in the year 2018 and it almost all completion of three years. Therefore, it is said that this petition has become infructuous. Accordingly, this petition is dismissed as having become infructuous.
: 4 :
Upon disposal of the main petition that I.A.1/2019
does not survive for consideration and accordingly, it
stands dismissed.
Sd/JUDGE
DKB
2 issues framed by the court
Whether an application for quashing of FIR under Section 482 Cr.P.C is maintainable after three years when the case is yet to be concluded.
If delay renders a quashing petition infructuous in a pending criminal investigation.
4 provisions across 1 enactments
Krishnakanth K
Dasari Deepthi
State
Chiranjeevi N Reddy
K. Somashekar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
