In a criminal petition filed under Section 482 Cr.P.C., the High Court held that the impugned order dated 19.12.2019 under Section 107 Cr.P.C. was spent, rendering the petition infructuous due to the efflux of time. The matter was disposed accordingly without further merits.
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. 1240 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF MAY, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 1240 OF 2020
BETWEEN:
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
CRL.P No. 1240 of 2020
NELAMANGALA TALUK, BANGALORE RURAL DISTRICT - 572 123.
…PETITIONERS
(BY SRI. SHARATHKUMAR SHETTY, ADVOCATE)
AND:
…RESPONDENTS
(BY SMT. K.P. YASHODA, HCGP)
THIS CRL.P IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO SET ASIDE THE ORDER/COMMUNICATION DATED 19.12.2019 PASSED IN CASE NO.MAG/CR/185/2019-20 ON THE FILE OF THASILDAR AND TALUK EXECUTIVE MAGISTRATE NELAMANGALA FOR REQUIRING THE PRESENCE OF THE PETITIONERS BEFORE HIM IN RELATION TO THE ACTION INITIATED BY THE RESPONDENT POLICE U/S 107 OF CR.P.C. AS PER ANNEXURE-B; TO QUASH ALL THE PROCEEDINGS INITIATED BY THE RESPONDENT ON THE PREVENTIVE ACTION REPORT NO.48/2019 DATED 15.07.2019 FILED BY THE RESPONDENT AS PER ANNEXURE-A FILED BEFORE THE HONOURABLE TALUK MAGISTRATE, NELAMANGALA, BENGALURU RURAL DISTRICT.
THIS PETITION, COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The order impugned is the communication dated 19.12.2019 passed under Section 107 of Cr.P.C., which was in
the wake of necessity of maintaining public peace and tranquility, as there was Preventive Action Report against the petitioners, dated 15.07.2019. Since the order is now spent itself as it is close to four years, the petition is rendered infructuous by efflux of time and disposed as having become infructuous.
Sd/JUDGE
MV
List No.: 1 Sl No.: 74
1 issue framed by the court
Whether the criminal petition challenging an order under Section 107 Cr.P.C. is maintainable after the matter has become spent due to efflux of time.
2 provisions across 1 enactments
Sri. Channegowda
Sri. Dhananjaya
Sri. Lakshman
Sri. Chenkakeshav
Sri. Hanumantaiah
State of Karnataka
M. Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
