Writ petition filed challenging charge sheet under IPC 153, 153A, and 120B. Court discussed prolonged delay in pending discharge application, directed concerned Magistrate to dispose application within four weeks, and disposed of writ petition.
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.
WP No. 908 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 908 OF 2022 (GM-RES)
BETWEEN:
VICE PRESIDENT AGED ABOUT 45 YEARS, KARNATAKA FORUM FOR DIGNITY
AGED ABOUT 65 YEARS, KARNATAKA FORUM OF DIGNITY
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
AGED ABOUT 65 YEARS, KARNATAKA FORUM OF DIGNITY
WP No. 908 of 2022
ALL HAVING ITS O/ AT DIGNITY OFFICE AT S.F.NO.14, HHMS COMPLEX, CUBBONPET, MAIN ROAD, CUBBONPET, BENGLAURU - 560 002
…PETITIONERS
(BY SRI. MOHAMMED TAHIR.,ADVOCATE)
AND:
…RESPONDENTS
(BY SRI.K.S.ABHIJITH, HCGP FOR R1)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C., PRAYING TO QUASH THE CHARGE SHEET DTD 16.07.2009 VIDE ANNX-C I.E., FINAL REPORT FILED BY THE RESPONDENT POLICE UNDER SECTION 153, 153A, 120B OF IPC AND SECTION 3 OF KOPD ACT OF 1981 IN CONNECTION OF CRIME NO.367/2008 WHEREIN
WP No. 908 of 2022
ARRAYED PETITIONERS ARE ARRIVED AS ACCUSED NO.2 TO 4 AND 7 TO 11, CONSEQUENTLY QUASH THE COGNIZANCE ORDER DTD 13.01.2011 VIDE ANNX-D PASSED IN CC NO.24036/2011 153, 153A, 120B OF IPC AND SECTION 3 OF KOPD ACT OF 1981, BY LEARNED XI ACCM COURT BANGALORE ARISING OUT OF CRIME NO.367/2008. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners are before this Court seeking quashment
of the charge sheet dated 16-07-2009 registered against them for offences punishable under Sections 153, 153A, 120B of the
IPC and Section 3 of the Karnataka Open Places (Prevention of Disfigurement) Act, 1981 (‘the Act’ for short).
WP No. 908 of 2022
concerned Court for nine long years has been dodging the issue without taking up the matter of discharge and would seek indulgence of this Court for a direction to the concerned Court to dispose of the discharge application as expeditiously as possible.
discharge application filed by the petitioners on 27-03-2013 is
WP No. 908 of 2022
pending consideration, shall consider the same and pass appropriate orders within four weeks from the date of receipt of a copy of this order, if not earlier, and no application seeking extension of time before this Court would be entertained.
Writ Petition stands disposed of.
Sd/JUDGE
KG
1 issue framed by the court
Whether the learned Magistrate should dispose of the pending discharge application filed for nine years expeditiously.
APSAR PASHA AND OTHERS
THE STATE
M. NAGAPRASANNA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
