The High Court of Karnataka dismissed the criminal petition seeking quashing of an FIR. The court held that the filing of the police 'B' report rendered the petition subservient and not requiring further consideration.
The petition was dismissed as it did not survive for consideration after the filing of the police 'B' report.
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. 35 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF APRIL, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ CRIMINAL PETITION NO. 35 OF 2020
BETWEEN:
ALL RESIDING AT D.NO.2-104/1, ACHUKODI BATRAKODI HOUSE, PACHANADI VILLAGE, BONDEL POST, MANGALORE-575003.
…PETITIONERS
Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA
(BY SRI. SHRIHARI K., ADVOCATE)
AND:
CRL.P No. 35 of 2020
HIGH COURT OF KARNATAKA, BANGALORE-560001.
…RESPONDENTS
(BY SRI. RAJASHEKAR S., ADVOCATE FOR RESPONDENT NO.1; SRI. KRISHNA KUMAR K.K., HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NO.2)
THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE FIR REGISTERED AGAINST THE PETITIONERS HEREIN IN CR.NO.57/2019 BEFORE THE MANGALORE RURAL POLICE STATED 27.06.2019 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 406, 417, 420, 421, 424, 425 AND 506 READ WITH 34 OF IPC AND CONSEQUENTLY DISMISS THE PRIVATE COMPLAINT IN PCR NO.29/2019 OF THE FILE OF III ADDITIONAL SENIOR CHIEF JUDICIAL AND JMFC, MANGALURU IN DOCUMENT NO.1.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioners submits that the jurisdictional police have already filed 'B' report in the case and therefore, this petition would not survive for consideration. A memo to this effect is filed by the learned counsel for the petitioners.
The memo is placed on record.
CRL.P No. 35 of 2020
In view of the above, this petition is dismissed as it does
not survive for consideration.
Sd/JUDGE
PMR
List No.: 1 Sl No.: 35
MRS. JOY SHANTHI FATHIMA D'SILVA
MRS. HELEN D'SILVA
MRS. RATHNA VEERA D'SILVA
MRS. PARVEEN SULTANA
STATE OF KARNATAKA
R. NATARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
