Dismissed

Sri Devaraju v. the State by Hassan Women Police Station

Karnataka HC8 Sept 2023WP/9238/2019

Case brief

AI extract

What is this about?

A writ petition filed under Articles 226 and 227 of the Constitution and Section 482 CrPC to quash an FIR and related proceedings in a dowry case filed against the petitioners was dismissed after a separate request to amend the petition to challenge the charge sheet was rejected as imprudent.

What did the court decide?

Writ petition dismissed. Interim application to amend petition rejected.

Sri Devaraju Vs the State by Hassan Women Police Station — Dowry and Cruelty | Karnataka HC (2023)

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1 - NC: 2023:KHC:32564 WP No. 9238 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8^TH DAY OF SEPTEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 9238 OF 2019 (GM-RES)

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BETWEEN:

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SRI. DEVARAJU AGED 37 YEARS, S/O. LATE KARIYAYA, RESIDING AT INDAVARA VILLAGE AND POST, CHIKKAMAGALURU DISTRICT-577101 WORKING AS DRIVER CUM CONDUCTOR IN BMTC, TOKEN NO.DC10849 28^TH DEPOT, BMTC OFFICE, BENGALURU.

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SMT. ROOPA AGED ABOUT 35 YEARS, W/O.NARAYAN, RESIDING AT INDAVARA VILLAGE AND POST, CHIKKAMAGALURU DISTRICT-577101

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Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA

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SRI. KUMARA AGED ABOUT 40 YEARS S/O. LATE KARIYAYA, RESIDING AT INDAVARA VILLAGE AND POST CHIKKAMAGALURU DISTRICT-577101

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SRI. MOHAN KUMARA AGED ABOUT 45 YEARS, S/O LATE KARIYAYA, RESIDING AT INDAVARA VILLAGE AND POST, CHIKKAMAGALURU DISTRICT-577101

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SRI UDAYKUMARA AGED ABOUT 47 YEARS, S/O LATE KARIYAYA, RESIDING AT INDAVARA VILLAGE AND POST, CHIKKAMAGALURU DISTRICT-577101

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2 - NC: 2023:KHC:32564 WP No. 9238 of 2019

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SMT. PUTTAMMA AGED ABOUT 68 YEARS, W/O LATE KARIYAYA, RESIDING AT INDAVARA VILLAGE AND POST, CHIKKAMAGALURU DISTRICT-577101

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…PETITIONERS

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(BY SRI. VENKATESH SOMAREDDI, ADVOCATE)

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AND:

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THE STATE BY HASSAN WOMEN POLICE STATION, HASSAN DISTRICT (REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560001.

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SMT. RADHA AGED 35 YEARS W/O. SRI DEVARAJU RESIDING AT GAVENAHALLI VILLAGE, KASABA HOBLI, HASSAN DISTRICT-573212

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…RESPONDENTS

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(BY SRI. RAJAT SUBRAMANYAM, HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NO.1)

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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 QUASH THE FIR IN CRIME NO.96/2018 DATED 10.12.2018 OF HASSAN WOMEN'S POLICE STATION UNDER SECTION 498A, 504, 323, 307, 506, 34 OF INDIAN PENAL CODE, 1860 AND SECTION 3, 4, OF DOWRY PROHIBITION ACT, 1961 PENDING ON THE FILE OF IV ADDITONAL CIVIL JUDGE AND JMFC HASSAN AND ALL FURTHER PROCEEDINGS TO THE SAID CASE VIDE ANNEXURE-A AND ETC.

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NC: 2023:KHC:32564 WP No. 9238 of 2019

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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I.A.No.1/2021 is filed for amendment of the writ petition,

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in view of the charge sheet being filed.

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Since the grounds for challenging a charge sheet would be entirely different, it is not prudent to allow I.A.No.1/2021 filed for amendment of the writ petition.

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Hence, I.A.No.1/2021 is rejected. Consequently, the

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petition is dismissed.

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It is however, open for the petitioners to challenge

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the charge sheet in accordance with law.

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Sd/JUDGE

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List No.: 1 Sl No.: 3

Sri Devaraju v. the State by Hassan Women Police Station

Case brief

What is this about?

What did the court decide?

Sri Devaraju v. the State by Hassan Women Police Station

Case brief

What is this about?

What did the court decide?

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