A criminal petition filed under Section 482 CrPC to quash an FIR registered for offences under Section 489(A), 489(C), 489(D), 489(E), 120(B) IPC was dismissed as infructuous because the charge sheet was already laid and cognizance taken by the Magistrate.
Petition dismissed as infructuous; liberty reserved to challenge charge sheet afresh.
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NC: 2023:KHC:27769 CRL.P No. 2621 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 2621 OF 2023
BETWEEN:
SRI SHANKARAPPA S, S/O SRIRAMAPPA, AGED ABOUT 38 YEARS, R/AT KASHETTIHALLI VILLAGE, SRINIVASAPURA TALUK, KOLAR DISTRICT-563 125.
…PETITIONER
(BY SRI. RAJESHA SHETTIGARA, ADVOCATE)
AND:
BY CHINTHAMANI RURAL POLICE STATION, CHINTHAMANI TALAUK, CHIKKABALLAPURA DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE 560 001.
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA
(BY SRI. K S ABHIJITH, HCGP)
…RESPONDENTS
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE FIR IN CRIME NO.033/2023 REGISTERED BY THE FIRST RESPONDENT POLICE AS AGAINST THE PETITIONER (ACCUSED NO.4) PENDING ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC, CHINTAMANI FOR THE OFFENCES PUNISHABLE UNDER SECTION 489(A), 489(C), 489(D), 489(E), 120(B) R/W 34 OF IPC REGISTERED BY THE FIRST RESPONDENT POLICE VIDE ANNEXURE-A.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2023:KHC:27769 CRL.P No. 2621 of 2023
ORDER
The learned High Court Government Pleader for the respondents, on instructions, submits that the police, after the investigation, laid the charge sheet, and the learned Magistrate has taken the cognizance.
Sd/JUDGE
BKM
1 issue framed by the court
Whether the criminal petition filed under Section 482 CrPC to quash the FIR should be allowed or dismissed.
2 provisions across 2 enactments
Sri Shankarappa S
State of Karnataka
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
