The High Court dismissed a criminal petition filed under Section 482 Cr.P.C. to quash proceedings at the trial stage, holding that the absence of a limitation period does not entitle an accused to file a petition at any time, citing the principle that the law protects the diligent not the indolent.
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.
CRL.P No. 5868 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF AUGUST, 2022
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 5868 OF 2022
BETWEEN:
…PETITIONERS
(BY SRI KARUNAKARA P., ADVOCATE)
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
AND:
CRL.P No. 5868 of 2022
AGE: MAJOR KINYA MITHTHADA KINYA VILLAGE MANGALURU D.K DISTRICT – 575 008.
…RESPONDENTS
(BY SMT.K.P.YASHODHA, HCGP FOR R1)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE PROCEEDINGS IN SO FAR AGAINST THE PETITIONERS IN C.C.NO.56/2013 PENDING ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE AND CJM, MANGALORE REGISTERED BASED ON THE CR.NO.189/2008 OF ULLAL P.S., FOR THE OFFENCE P/U/S 406, 409, 419, 420, 465, 468, 471, 471 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners are before this Court calling in question proceedings in C.C.No.56/2013, pending on the file of the I Additional Senior Civil Judge and CJM, Mangaluru, registered for the offences punishable under Sections 406, 409, 419, 420, 465, 468, 470, 471 r/w. 34 of the IPC, .
CRL.P No. 5868 of 2022
the year 2022, that too, at the stage when the charges are framed, the matter is set for trial and the evidence of the parties are on. The petition, merely because there is no limitation prescribed for entertaining, under Section 482 of the Cr.P.C., albeit , writ petition or a criminal petition, it would not mean that the accused would wake up from slumber and file a petition at any time and the Court would consider the same.
and therefore, the petition is dismissed on the ground of delay in approaching the Court.
I.A.No.1/2022 is disposed, as a consequence.
Sd/JUDGE
NVJ
2 issues framed by the court
Whether a criminal petition filed under Section 482 Cr.P.C. without limitation after charges were framed and trial commenced could be maintained.
Whether the petitioner's delay in approaching the Court warrants dismissal of the petition despite the absence of a prescribed limitation period.
1 provisions across 1 enactments
Mr. Ismail S.
Mr. Jeevan Prakash
State of Karnataka
M. Nagaprasanna
As recorded by the court registry
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