The Karnataka High Court rejected a criminal petition seeking to quash criminal proceedings under Section 482 CrPC invoking offences under Sections 406 and 420 IPC, noting that the trial was already in motion following the framing of charges.
Criminal petition rejected; quashing of proceedings and impugned order denied.
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.
NC: 2023:KHC-D:11775 CRL.P No. 103932 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 5TH DAY OF OCTOBER 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 103932 OF 2022
BETWEEN:
AVINASH YALLANNA SAVANUR AGE.34 YEARS, OCC. BUSINESS R/O. H.NO.255, 7TH CROSS RENUKA NAGAR, GOKUL ROAD,HUBBALLI
…PETITIONER
(BY SRI. SACHIN C ANGADI., ADVOCATE)
AND:
Digitally signed by VIJAYALAKSHMIM KANKUPPI VIJAYALAKSHMIM KANKUPPI Date: 2023.10.10 11:31:23 +0530
…RESPONDENTS
(BY SRI. V.S. KALASURMATH, HCG FOR R1. SHRI GOURISHANKAR H. MOT, ADVOCATE FOR R2.)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO QUASH THE IMPUGNED ORDER DATED 10.06.2022 IN CC NO. 1658/2022 (KESHWAPUR PS CRIME NO.125/2021) FILE PENDING BEFORE JMFC-2 HUBBALLI. AND QUASH THE ENTIRE CRIMINAL PROCEEDINGS AS AGAINST THE ACCUSED/PETITIONER CC NO. 1658/2022 (KESHWAPUR PS CRIME NO. 125/2021) FILE PENDING BEFORE JMFC-2 HUBBALLI, FOR THE OFFENCE PUNISHABLE U/S 406 AND 420 OF IPC ACT.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
stage under Section 482 of the Code of Criminal Procedure on any ground, whatsoever, would not be available.
4. Therefore, the petition is rejected.
Sd/JUDGE
Kmv
Ct: bck
1 issue framed by the court
Whether the High Court should quash criminal proceedings under Section 482 CrPC where charges have been framed and trial has commenced.
2 provisions across 2 enactments
Avinash Yallanna Savanur
State of Karnataka
Vikram
M. Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
