This petition sought quashing of an FIR under IT Act and IPC. The High Court held the writ petition no longer survives due to the subsequent filing of the charge sheet and dismissed it with liberty to challenge the charge sheet.
Writ petition dismissed with liberty to challenge the charge sheet filed in Crime No.16/2021.
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 18TH DAY OF FEBRUARY, 2022
BEFORE
THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 935 OF 2022 (GM-RES)
BETWEEN:
MR. RAHUL CHANDRASHEKAR BHAT AGED ABOUT 22 YEARS S/O. SHRI. CHANDRASHEKAR BHAT OCCUPATION: BUSINESS (INDIA AND OVERSEAS), RESIDING AT NO.70, ANANTHA VILLAGE, 5TH B MAIN ROAD, NARAYANAPPA BLOCK, R.T. NAGAR, BANGALORE-560 032. REPRESENTED BY HIS MOTHER SMT. RAJANI C BHAT …PETITIONER (BY SRI SHYAM SUNDAR M.S. ADVOCATE)
AND:
-:2:-
REPRESENTED BY ITS STATION HOUSE OFFICER.
(BY SRI. SHANKAR H.S. HCGP FOR R.1-4)
THIS WRIT PETITION FILED UNDER ARTICLE 226 AND 227 OF THE INDIAN CONSTITUTION READ WITH SECTION 482 OF CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE COMPLAINT DATED 27.12.2021 VIDE ANNEXURE-A RESULTANT FIR OF RESPONDENT POLICE STATION IN CRIME NO.16/2021 FOR THE ALLEGED OFFENCES OF SECTION 67, 66(C), 67(A) OF INFORMATION TECHNOLOGY ACT AND SECTION 384 OF IPC VIDE ANNEXURE-B IN WHICH THE PETITIONER IS NOW TAKEN INTO CUSTODY AS AN ACCUSED ON 08.01.2022 AND ALL FURTHER PROCEEDINGS ARISING THEREFORM PENDING ON THE FILE OF 1ST ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, BENGALURU CITY VIDE ANNEXURE-A AND B.
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THIS WRIT PETITION COMING ON FOR PRELMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
Learned counsel for the petitioner submits that present writ petition does not survive for consideration in view of the filing the charge sheet in Crime No.16/2021.
His submission is placed on record.
Writ petition does not survive for consideration and accordingly, writ petition is dismissed with liberty to the petitioner
to challenge the charge sheet filed in Crime No.16/2021.
Sd/JUDGE
hd
1 issue framed by the court
Whether the writ petition for quashing the FIR survives consideration after the filing of the charge sheet.
2 provisions across 2 enactments
MR. RAHUL CHANDRASHEKAR BHAT
THE STATE OF KARNATAKA
THE COMMISSIONER OF POLICE BANGALORE CITY
MR. NISHANTH
HEMANT CHANDANGOUDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
