The High Court of Karnataka dismissed a criminal petition under S.482 Cr.P.C. seeking to quash an FIR, noting the petitioner's request to withdraw the petition and seek liberty to challenge the subsequent charge sheet.
Petition dismissed as withdrawn with liberty to challenge the charge sheet.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ CRIMINAL PETITION NO. 7309 OF 2019
BETWEEN:
J. VENKATESH S/O. LATE V JAYARAM AGED ABOUT 47 YEARS NO.35, BRINDAVAN PARADISE 1ST CROSS LAKKASANDRA BANGALORE-560 030
…PETITIONER
(BY SRI. V.SRINIVAS., ADVOCATE)
AND:
Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA
STATE OF KARNATAKA BY BMTF P.S. BANGALORE REPRESENTED BY SPP HIGH COURT OF KARNATAKA BANGALORE-01
…RESPONDENT
(BY SMT. WAHEEDA, HIGH COURT GOVERNMENT PLEADER)
THIS CRL.P FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR IN CR.NO.18/2019 OF BMTF, P.S., BENGALURU PENDING ON THE FILE OF THE LEARNED CMM, BENGALURU FOR THE OFFENCE P/U/S 436A OF KMC ACT AGAINST THE PETITIONER.
NC: 2023:KHC:44924 CRL.P No. 7309 of 2019
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The learned counsel for the petitioner has filed a memo seeking permission of this Court to withdraw this petition, since the charge sheet is filed and also seeks for liberty to challenge the charge sheet.
withdrawn, with liberty to challenge the charge sheet in accordance with law.
Sd/JUDGE
HJ List No.: 1 Sl No.: 33
2 issues framed by the court
Whether the criminal petition filed under S.482 Cr.P.C., 1973 to quash the FIR should be allowed given the filing of the charge sheet.
Whether the petitioner has sought liberty to challenge the charge sheet after withdrawal of the quashing petition.
2 provisions across 2 enactments
J. VENKATESH
STATE OF KARNATAKA
R. NATARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
