Criminal Petition filed to quash FIR and complaint. Court held proceeding infructuous due to absence of investigation report after three years.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 06TH DAY OF AUGUST, 2021
BEFORE
THE HON’BLE MR.JUSTICE K.SOMASHEKAR
CRIMINAL PETITION No.7133/2019
BETWEEN:
SRI ROSHAN PINTO S/O. LATE RICHARD PINTO AGED ABOUT 35 YEARS RESIDING AT ROSHAN VILLA KANKANADY, MANGALURU
... PETITIONER
(BY SRI ACHARYA B.L., ADV. (ABSENT))
AND:
... RESPONDENTS
(BY SRI. RAHUL RAI K, HCGP FOR R1)
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THIS CRIMINAL PETITION IS FILED U/S. 482 OF CR.P.C. PRAYING TO QUASH THE COMPLAINT, FIR IN CR.NO.16/2018 DATED 30.05.2018 PASSED BY THE II ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C., MANGALURU, D.K. IN P.C.R. NO.22/2018 DATED:-- WHCIH ARE PRODUCED AS DOCUMENT NOS.1, 2 AND 3 RESPECTIVELY AND ALSO THE COMPLAINT AND FIR AND PASS SUCH OTHER AND FURTHER RELIEFS IN THE INTEREST OF JUSTICE AND EQUITY.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
None appeared on behalf of the petitioner, either
through video conferencing or present before the court physically.
requires to be rectified by learned counsel for the petitioner.
Though learned counsel for the petitioner has to remove office
objections to proceed further in this matter, neither the counsel nor the petitioner is diligent or vigilant in curing the defects in accordance with law.
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FIR registered in Cr.No.16/2018 dated 30.05.2018 and also complaint in P.C.No.22/2018 on the file of II Additional Civil Judge (Senior Division) and C.J.M. Court at Mangaluru.
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days or 60 days and to file charge sheet and even though Section 173(8) of Cr.P.C. provides for further investigation and to file additional charge sheet.
has been registered by police having jurisdiction. But subsequently, no report has been filed by investigating agency
and even taking into consideration the case is of the year 2018, as almost three years has been completed, the petition does not survives for consideration and it has become infructuous.
7. Therefore, keeping in view the aforesaid
mandatory provisions, the petition is dismissed as having rendered infructuous.
Sd/JUDGE
HJ
SRI ROSHAN PINTO S/O. LATE RICHARD PINTO
STATE OF KARNATAKA REPRESENTED BY THE STATE PUBLIC PROSECUTOR
ANDHRA BANK
K. SOMASHEKAR
As recorded by the court registry
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