This writ petition filed under Articles 226 and 227 of the Constitution and Section 482 CrPC to quash an FIR and charge-sheet was dismissed by the court due to the petitioner's consistent non-appearance and lack of representation.
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 8TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 6395 OF 2019 (GM-RES)
BETWEEN:
SRI. C. HONNAIAH S/O. LATE CHIKKAIAH, AGED ABOUT 63 YEARS RESIDING AT NO.86, 7TH CROSS, SUNKADAKATTE, BENGALURU - 560091
…PETITIONER
(BY SRI. SOMASHEKHARAIAH R.P., ADVOCATE)
AND:
Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA
BENGALURU - 560079
NC: 2023:KHC:44777 WP No. 6395 of 2019
…RESPONDENTS
(BY SMT. N. ANITHA GIRISH, HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NOS.1 TO 5;
NOTICE SERVED ON RESPONDENT NO.6)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE FIR IN CRIME NO.389/2017 REGISTERED BY THE RESPONDENT NO.4 POLICE AND THE SUBSEQUENT CHARGE SHEET IN C.C. NO.25179/2018 PENDING ON THE FILE OF THE 5TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU AND THE NOTICE ISSUED BY THE RESPONDENT NO.5 DATED 17.01.2019 UNDER ANNEXURES-H, J AND L.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
There is no representation for the petitioner.
NC: 2023:KHC:44777 WP No. 6395 of 2019
prosecution.
Sd/JUDGE
HJ
List No.: 1 Sl No.: 56
1 issue framed by the court
Whether to quash the FIR and subsequent charge-sheet based on non-appearance by the petitioner.
SRI. C. HONNAIAH S/O. LATE CHIKKAIAH
STATE OF KARNATAKA
SMT. SUJATHA D.
R. NATARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
