Dismissed

Mr. P Ranga Raju v. the State through

Karnataka HC10 Oct 2023CRL.P/1203/2020

Case brief

AI extract

What is this about?

Petitioners filed a criminal petition under Section 482 CrPC challenging proceedings in a pending case involving offences of cheating and mischief. Petitioners sought quashing of investigation proceedings initiated via Supreme Court Order under Section 156(3) CrPC.

What did the court decide?

Petition dismissed; contentions kept open for approaching this court after Trial Court rejects B report or takes cognizance.

Mr. P Ranga Raju Vs the State through — Criminal Trial and Appeal | Karnataka HC (2023)

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1 - NC: 2023:KHC:36848 CRL.P No. 1203 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE R. NATARAJ CRIMINAL PETITION NO. 1203 OF 2020

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BETWEEN:

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MR. P. RANGA RAJU S/O SATHYANARAYANA RAJU, AGED ABOUT 62 YEARS, NO.404, PAVANI HOMES, LAKSHMI GANGA ENCLAVE, PETBASHEERBAD, JEEDIMATLA VILL, HYDERABAD-500055

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SMT. P. USHA W/O P. RANGA RAJU AGED ABOUT 57 YEARS, NO.404/ PAVANI HOMES LAKSHMI GANGA ENCLAVE, PETBASHEERBAD, JEEDIMATLA VILL, HYDERABAD-500055.

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Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA

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SMT. LALITHA PERICHERLA W/O PERICHERLA PAVAN, AGED ABOUT 37 YEARS, NO.404/ PAVANI HOMES LAKSHMI GANGA ENCLAVE, PETBASHEERBAD, JEEDIMATLA VILL, HYDERABAD-500055.

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…PETITIONERS

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(BY SRI. VENKATESH SOMAREDDI, ADVOCATE)

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AND:

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THE STATE THROUGH THE INVESTIGATING OFFICER, MARATHHALI POLICE STATION, BENGALURU REPRESENTED BY THE STATE PUBLIC PROSECUTOR,

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NC: 2023:KHC:36848 CRL.P No. 1203 of 2020

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HIGH COURT OF KARNATAKA, BENGALURU-560 001. 2. MR. PERICHERLA PAVAN S/O MR. RAMABHADRI RAJU P., AGED ABOUT 39 YEARS, NO.912, 5^TH BLOCK, BEL LAYOUT, VIDYARANYAPURA, BENGALURU-560097.

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…RESPONDENTS

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(BY SRI. VENKATA SATYANARAYAN, HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NO.1;

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SRI. M.J.ALVA, ADVOCATE FOR RESPONDENT NO.2)

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THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE PROCEEDINGS IN P.C.R.NO.9538/2019 BEFORE THE IV ADDL.C.M.M., BENGALURU WHICH IS NOW PENDING IN CR.NO.376/2019 REGISTERED BY MARATHAHALLI POLICE STATION, BENGALURU FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 406, 448, 420, 427 READ WITH 34 OF IPC AND SECTION 180 OF THE MOTOR VEHICLES ACT, 1988.

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THIS PETITION, COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioners being the accused Nos.1 to 3 have filed this petition challenging the proceedings initiated by the respondent No.2 in PCR No.9538/2019 which was referred for investigation under Section 156(3) of the Code

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3 - NC: 2023:KHC:36848 CRL.P No. 1203 of 2020

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of Criminal Procedure, 1973 (for short, 'Cr.P.C') and the consequent FIR in Crime No.376/2019 registered by the respondent No.1 for the offences punishable under Sections 406, 420, 427, 448 read with Section 34 of the Indian Penal Code, 1860 and Section 180 of the Motor Vehicles Act, 1988.

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When the petition was listed for final hearing, the learned counsel for respondent No.2 submitted that a 'B' report was filed on 27.09.2020 and therefore, nothing survives for consideration in this petition.

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The learned counsel for the petitioners did not dispute the fact that a 'B' report is filed before the Trial Court and the respondent No.2 has filed a protest petition against accepting the 'B' report and the proceedings are now underway before the III Additional Chief Metropolitan Magistrate, Bengaluru.

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In that view of the matter, this Writ Petition does not survive for consideration. However, it is open for the petitioners to approach this Court after the Trial Court

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NC: 2023:KHC:36848 CRL.P No. 1203 of 2020

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takes further steps in rejecting the 'B' report filed by the respondent No.1 or after taking cognizance of any offence.

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All contentions are kept open.

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Sd/JUDGE

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SMA

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List No.: 1 Sl No.: 16

Mr. P Ranga Raju v. the State through

Case brief

What is this about?

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Mr. P Ranga Raju v. the State through

Case brief

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