Petitioner's writ petition to quash criminal proceedings was dismissed because the learned counsel submitted that the death of the accused caused the prosecution to abate, rendering the petition unsustainable.
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 4TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 4128 OF 2020 (GM-RES)
BETWEEN:
RAMACHANDRA NAYAK AGED 61 YEARS, S/O LATE K. DEVADAS NAYAK, R/AT LAXMI NILAYA, VIDYARANYA ROAD, KADABETTU, UDUPI-576 101, UDUPI DISTRICT. …PETITIONER (BY SRI. S.K. ACHARYA, ADVOCATE) AND:
Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA
STATE OF KARNATAKA BY MANGALURU EAST POLICE STATION, MANGALURU-575 204. D.K. DISTRICT, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BUILDING, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI. VENKAT SATYANARAYANA, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO CALL FOR THE ENTIRE RECORDS IN C.C.NO.2537/2019 ON THE FILE OF THE COURT OF THE JMFC (VI COURT), MANGALURU D. K. DISTRICT AND QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.2537/2019 ON THE FILE OF THE COURT OF THE JMFC (VI COURT) MANGALURU, FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 170, 171, 419, 120(B), 109, 399, 402 READ WITH SECTION 149 OF IPC AND SECTIONS 3
NC: 2023:KHC:35912 WP No. 4128 of 2020
AND 25 OF ARMS ACT AND SECTION 7 OF STATE EMBLEM OF INDIA (PROHIBITION OF IMPROPER USE) ACT, 2005, VIDE THE PROCESS OF COURT AT ANNEXURE-A.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioner has filed a memo stating that the petitioner/accused No.10 has expired and therefore, the prosecution has abated and this writ petition would not survive for consideration.
The memo is placed on record.
In view of the memo, this petition is dismissed as
having abated.
Sd/JUDGE
LDC
List No.: 1 Sl No.: 31
RAMACHANDRA NAYAK
STATE OF KARNATAKA BY MANGALURU EAST POLICE STATION
R. NATARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
