Petitioner sought to quash an FIR and complaint under Section 482 CrPC. The Court noted the case had become infructuous as the charge sheet was filed and cognizance taken by the Magistrate, and thus dismissed the petition.
Petition dismissed as having become infructuous.
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NC: 2023:KHC:33196 CRL.P No. 3112 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 3112 OF 2022
BETWEEN:
MR. VAGEESH G M ADVOCATE, KAR NO.1476/98 AGED ABOUT 52 YEARS R/O TF3, 3RD FLOOR 1ST MAIN, 1ST CROSS ELEGANTACHITE APARTMENTS ISRO LAYOUT, NEAR KUMARASWAMY LAYOUT BANGALORE-560 078.
…PETITIONER
(BY SRI. HIREMATH A VIRUPAKSHAYYA, ADVOCATE)
AND:
Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka
…RESPONDENTS (BY SMT. K P YASHODHA, HCGP FOR R-1; SRI. R GANESHA, ADVOCATE FOR R-2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE FIR AND COMPLAINT IN CR.NO.21/2022 REGISTERED BY RESPONDENT NO.1 RAJAJINAGAR POLICE ON THE COMPLAINT OF RESPONDENT NO.2 FOR THE OFFENCE P/U/S.323,420,506,149 OF IPC AND
NC: 2023:KHC:33196 CRL.P No. 3112 of 2022
SEC.3(1)(r) OF SC/ST (POA) ACT 1989 AGAINST THE PETITIONER/ACCUSED NO.1 HEREIN, PENDING ON THE FILE OF THE HONBLE CITY CIVIL AND SESSIONS JUDGE CCH-71 AT BENGALURU VIDE ANNEXURE-A.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The learned counsel for the respondent No.2 submits that the Police after investigation laid the charge sheet and the learned Magistrate after perusing the charge sheet has taken cognizance. Therefore, the relief sought for in this petition does not survive for consideration.
become infructuous
Sd/JUDGE
HR
1 issue framed by the court
Whether to quash the FIR and complaint in a criminal proceedings after cognizance has been taken by the Magistrate.
MR. VAGEESH G M
THE STATE OF KARNATAKA
CHANDRASHEKAR S/O LATE SIDDAIAH
HEMANT CHANDANGOUDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
