Criminal PET. No.753/2019 for quashing FIR under Section 482 Cr.P.C. was dismissed as infructuous because the investigation officer had already laid a charge sheet against the accused. Counsel for petitioners filed a memo of withdrawal; case disposed accordingly along with IA.
Petition dismissed as infructuous; IAs Nos. 3/2019 to 6/2019_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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF AUGUST, 2021
BEFORE
THE HON'BLE MR. JUSTICE K. SOMASHEKAR
CRIMINAL PETITION No.753/2019
BETWEEN :
1 . NANDITA KUMAR, D/O BRIG. S. V. ABHAYANKAR AGED ABOUT 50 YEARS, R/A MANUGANAHALLY VILLAGE S V ABHYANAKAR FARM HOUSE HUNSUR TALUK, MYSURU DISTRICT-571103. PRESENTLY AT No.49/1A1. BILIKERE HOBALI, CHIKKADANAHALLI MYSORE-571103.
2 . P. M. NANAIAH G.M. OASIS HOTEL, MYSURU, S/O LATE P. U. MUDDAPPA AGED ABOUT 55 YEARS, AT MANUGANAHALLY VILLAGE, S. V. ABHAYANKAR FARM HOUSE, HUNSUR TALUK, MYSURU DISTRICT-571103. PRESENTLY AT No.APT/101, HILAND PARK, 6TH MAIN, 6TH CROSS, BEHIND PIZZAHUT, V.V.MOHALLA, MYSORE, VANIVILAS MOHALLA, KARNATAKA-570002.
...PETITIONERS
(BY MISS. KARISHMA NAGNOOR, ADVOCATE FOR SRI NIKIT BALA, ADVOCATE)
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AND:
1 . STATE OF KARNATAKA, REP. BY S.P.P. HIGH COURT OF KARNATAKA BILIKERE POLICE STATION BILIKERE, NSUR TALUK BILIKERE-571103. KARNATAKA
2 . MR.C.L. MEENA AGED ABOUT 56 YEARS, POLICE INSPECTOR HAVING OFFICE AT DIU, BIRLA MANDIR, NEW DELHI DIST, NEAR BIRLA MANDIR POLICE STATION, MANDIR MARG COMPLEX, NEW DELHI-110001.
…RESPONDENTS
(BY SRI RAHUK RAI K, HCGP FOR R1 AND R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE FIR IN CR.NO.355/2018, BEFORE THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, HUNSUR TALUK, MYSORE DISTRICT, ALLEGING OFFENCES P/U/S 186 AND 353 OF IPC DATED 28.09.2018 REGISTERED AGAINST THE PETITIONERS BY THE 1ST RESPONDENT AND ALL THE SUBSEQUENT PROCEEDING EMANATING THEREFROM.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING/PHYSICAL HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
Miss. Karishma Nagnoor, learned counsel, who is representing the counsel Sri Nikit Bala, for the petitioners through video conferencing, submits that the previous counsel Smt.K. Suman had issued NOC.
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record and consequently, this petition is disposed of in terms of the memo, having become infructuous.
having become infructuous.
Upon disposal of the main petition, pending consideration of IAs. does not survive for consideration. Consequently, IA Nos.3/2019, IA No.4/2019, IA No.5/2019 and IA No.6/2019 are also dismissed.
Sd/JUDGE
PL*
2 issues framed by the court
Whether a criminal petition under Section 482 Cr.P.C. for quashing an FIR can be entertained after the investigation officer has laid a charge sheet.
Whether to allow withdrawal of the petition after the charge sheet was filed.
1 provisions across 1 enactments
Nandita Kumar and Ors.
State of Karnataka
K. Somashekar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
