The High Court disposed of the current writ petition filed under Articles 226 and 227 of the Constitution and Section 482 CrPC against police action, dismissing it as withdrawn by the petitioners with liberty to challenge the charge sheet later.
Petition dismissed as withdrawn; liberty reserved to challenge the charge sheet in accordance with law.
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 NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 7151 OF 2021 (GM-RES)
BETWEEN:
Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA
PETITIONER NO.1 TO 3 R/AT H.NO.5-26, OZY MANSION, KEMMMANNU TONSE WEST, KEMMANNU, UDUPI-576 115. ALSO AT: P.O. BOX-11367 DOHA, QATAR-122 104
(BY SMT. HALEEMA AMEEN, ADVOCATE)
AND:
…PETITIONERS
1ST CROSS, PERAMPALLI, SHIVALLI, UDUPI-576104.
…RESPONDENTS
(BY SRI. RAJAT SUBRAMANYAM, HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NO.1;
SRI. JAGADEESHA B.N., ADVOCATE FOR RESPONDENT NO.2)
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 HOLD THAT THE ACTIONS OF THE RESPONDENT NO.1 POLICE IN REGISTERING THE COMPLAINT OF THE RESPONDENT NO.2 IN CRIME NO.33/2020 AND IMMEDIATELY COMMENCING THE INVESTIGATION WITHOUT PRELIMINARY INQUIRY AND SUBSEQUENT INVESTIGATION IN VIOLATION OF SECTION 41-A OF THE CR.P.C. ARE IN VIOLATION OF THE LAW LAID DOWN BY THE HON'BLE SUPREME COURT OF INDIA IN LALITHA KUMARI V/S GOVERNMENT OF UTTAR PRADESH AND OTHERS [(2014) 2 SCC 1] AND IN ARNESH KUMAR V. STATE OF BIHAR AND ANOTHER, (2014) 8 SCC 273 PRODUCED AT ANNEXUREA AND B AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioners has filed a memo seeking to withdraw the writ petition with liberty to file a fresh petition after the charge sheet is filed.
NC: 2023:KHC:40000 WP No. 7151 of 2021
as withdrawn. Liberty is reserved to the petitioners to
challenge the charge sheet in accordance with law.
Sd/JUDGE
SMA
List No.: 1 Sl No.: 58
1 issue framed by the court
Whether the writ petition should be dismissed as withdrawn with liberty to challenge the charge sheet.
Colour shows how this judgement treated each authority
Lalitha Kumari v/s Government of Uttar Pradesh and Others [(2014) 2 SCC 1]Referred
Lalitha Kumari v/s Government of Uttar Pradesh and Others [(2014) 2 SCC 1] · Who else cites this
Arnesk Kumar v. State of Bihar and Another, (2014) 8 SCC 273Referred
Arnesk Kumar v. State of Bihar and Another, (2014) 8 SCC 273 · Who else cites this
4 provisions across 2 enactments
SRI. SHAYAN ORNAL CRASTA S/O LEBIN OSWALD CRASTA
SRI. CRASTA LEBIN OSWALD S/O MR. LATE PETER CRASTA
MRS. BENITA GLADYS MABLE CRASTA W/O CRASTA LEBIN OSWALD
STATE OF KARNATAKA THROUGH WOMEN POLICE STATION, UDUPI SUB DIVISION, UDUPI
SMT. ROSHAL BRITTO W/O SRI SHAYAN ORNAL CRASTA
R. NATARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
