Court allowed Criminal Petition under Section 482 CrPC. Quashed FIR insofar as it relates to petitioners due to non-cognizable nature of offences and lack of Section 155(1) inquiry.
Criminal petition allowed; Impugned FIR Cr. No.308/2021 by Holalkere PS quashed insofar as it relates to petitioners - accused Nos.1 and 2.
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.
NC: 2023:KHC:32307 CRL.P No. 484 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 484 OF 2022
BETWEEN:
R/AT NO.48, GILIKENAHALLI VILLAGE HOLALKERE TALUK
CHITRADURGA DISTRICT-577 526 KARNATAKA.
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA
…PETITIONERS
(BY SRI. SUNIL KUMAR S., ADVOCATE)
AND:
SON OF LATE SRI BALLARI CHANDRAPPA AGED ABOUT 36 YEARS
NC: 2023:KHC:32307 CRL.P No. 484 of 2022
R/AT BASAVA LAYOUT, 4TH CROSS, HOLALKERE TALUK CHITRADURGA DISTRICT-577 526 KARNATAKA.
…RESPONDENTS
(BY SMT. WAHEEDA M.M., HCGP FOR R-1; NOTICE TO R-2 SERVED)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE REGISTRATION OF FIR VIDE CRIME NO.308/2021 BY THE FIRST RESPONDENT POLICE, FOR THE OFFENCES PUNISHABLE UNDER SECTION 341, 504, 323, 427, 506 READ WITH SECTION 34 OF IPC ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C HOLALKERE, CHITRADURGA DISTRICT AS FAR AS PETITIONERS / ACCUSED NOs.1 AND 2 CONCERNED.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners are sought to be prosecuted for the offences punishable under Sections 341, 504, 323, 427, 506 read with Section 34 of IPC.
NC: 2023:KHC:32307 CRL.P No. 484 of 2022
glass and mirror of the car and gave life threat to the complainant and his brother. The registration of FIR is impugned in this petition.
"30. Time and again, the object and importance of prompt lodging of the first information report has been highlighted. Delay in lodging the first information report, more often than not, results in embellishment and exaggeration, which is a creature of an afterthought. A delayed report not only gets bereft of the advantage of spontaneity, the danger of the introduction of a coloured version, an exaggerated account of the incident or a concocted story as a result of deliberations and consultations, also creeps in, casting a serious doubt on its veracity. Therefore, it is essential that the delay in lodging the report should be satisfactorily explained."
NC: 2023:KHC:32307 CRL.P No. 484 of 2022
offences are non-cognizable offences. Therefore, before conducting investigation, the informant was required to obtain an order under Section 155(2) of Cr.PC. However, the police, in the absence of an order under Section 155(1) of Cr.PC, have registered the FIR and conducting the investigation. Therefore, the continuation of criminal proceeding will be an abuse of process of law. Accordingly, I pass the following:
ORDER
i) Criminal petition is allowed.
ii) The impugned FIR in Crime No.308/2021 registered by the Holalkere Police Station, insofar as it relates to the petitioners - accused Nos.1 and 2 is hereby quashed.
In view of disposal of petition, pending IA does not survive for consideration.
Sd/JUDGE
BKM
3 issues framed by the court
Whether the non-cognizable nature of the offences requires a Section 155(1) Magistrate inquiry before police registration of FIR under Section 155(2).
Whether the delay in lodging the FIR lacks a plausible explanation and suggests concocting the story.
Whether the facts alleged lack essential ingredients to constitute the offence under Section 341 IPC.
Colour shows how this judgement treated each authority
State of A.P. v. M. Madhusudhan Rao [(2008) 15 SCC 582]Explained¶34
2 provisions across 2 enactments
R. Maruthesh @ Maruthi
Chandrashekhar N.M. @ Chandru
State of Karnataka
Pradeepa
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
