Disposed

Kavya v. State by

Karnataka HC20 Aug 2024CRL.P/1615/2023

Case brief

AI extract

What is this about?

Petitioners sought quashing of a charge sheet before the Additional Civil Judge and JMFC, Pavagada. The State submitted charges were framed long ago and prosecution evidence was complete; relying on Minakshi Bala v. Sudhir Kumar, the High Court declined interference and disposed of the petition.

What did the court decide?

Petition disposed; liberty reserved to petitioners to urge contentions before the trial court; I.A.No.1 of 2023 also disposed.

Kavya Vs State by — Quashing and FIR | Karnataka HC (2024)

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NC: 2024:KHC:33381 CRL.P No. 1615 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF AUGUST, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA

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CRIMINAL PETITION NO. 1615 OF 2023

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BETWEEN:

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KAVYA

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D/O SHANIVARAPPA

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AGED ABOUT 26 YEARS

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R/AT MARIDASANAHALLI VILLAGE

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PAVAGADA TALUK

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TUMAKURU DISTRICT – 561 202.

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PAVITHRA

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D/O SHANIVARAPPA

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AGED ABOUT 23 YEARS

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R/AT MARIDASANAHALLI VILLAGE

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PAVAGADA TALUK

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Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA

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TUMAKURU DISTRICT – 561 202.

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SANDHYA M. S.,

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D/O SHANIVARAPPA AGED ABOUT 21 YEARS R/AT MARIDASANAHALLI VILLAGE PAVAGADA TALUK TUMAKURU DISTRICT – 561 202.

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B.NARESH

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S/O ANJANAPPA AGED ABOUT 30 YEARS R/AT JAMPUGUMPULU

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NC: 2024:KHC:33381 CRL.P No. 1615 of 2023

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KALYANA DURGA TALUK ANANTHAPURA DISTRICT ANDHRA PRADESH

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5. NARESH N.,

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S/O NAGENDRAPPA AGED ABOUT 29 YEARS R/AT SULANAYAKANAHALLI VILLAGE PAVAGADA TALUK TUMAKURU DIST – 561 202.

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RAMU M. H., S/O LATE HANUMANTHARAYAPPA AGED ABOUT 35 YEARS R/AT MARIDASANAHALLI VILLAGE PAVAGADA TALUK TUMAKURU DISTRICT – 561 202.

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7. NAGENDRAPPA

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S/O HANUMANTHARAYAPPA AGED ABOUT 30 YEARS

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R/AT MARIDASANAHALLI VILLAGE PAVAGADA TALUK TUMAKURU DISTRICT – 561 202.

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SHANIVARAPPA

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S/O LATE NAGAPPA AGED ABOUT 52 YEARS

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R/AT MARIDASANAHALLI VILLAGE PAVAGADA TALUK

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TUMAKURU DISTRICT – 561 202.

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9. SAKAMMA

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W/O SHANIVARAPPA AGED ABOUT 47 YEARS

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R/AT MARIDASANAHALLI VILLAGE

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NC: 2024:KHC:33381 CRL.P No. 1615 of 2023

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PAVAGADA TALUK TUMAKURU DISTRICT – 561 202.

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…PETITIONERS

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(BY SRI SOMASHEKHARAIAH R. P., ADVOCATE)

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AND:

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STATE BY Y.N.HOSAKOTE POLICE STATION REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001.

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SRI HOBALAPATHI S/O LATE ANJINAPPA AGED ABOUT 48 YEARS R/AT MARIDASANAHALLI VILLAGE PAVAGADA TALUK TUMAKURU DISTRICT – 561 202.

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…RESPONDENTS

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(BY SRI. JAGADEESHA B. N., ADDL. SPP FOR R1)

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THIS CRL.P IS FILED U/S 482 OF THE CR.P.C PRAYING TO QUASH THE CHARGE SHEET FILED IN CR.NO.72/2020 IN C.C.NO.4742/2021 ON THE FILE OF THE ADDL.CIVIL JUDGE AND J.M.F.C AT PAVAGADA.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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4 - NC: 2024:KHC:33381 CRL.P No. 1615 of 2023

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CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA

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ORAL ORDER

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Petitioners are before this Court seeking to quash the charge sheet filed in Crime No.72 of 2020 in C.C.No.4742 of 2021 on the file of Additional Civil Judge and JMFC, Pavagada.

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Heard Sri Somashekaraiah R P, learned counsel appearing for petitioners and Sri Jagadeesh B N, learned Additional State Public Prosecutor appearing for respondent No.1.

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Learned Additional State Public Prosecutor on instructions and verification of records would submit that charges are framed long before the petition is preferred before this Court and the evidence of prosecution witnesses is already over.

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In the light of the aforesaid circumstances and also in view of the judgment of the Apex Court in the case of

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NC: 2024:KHC:33381 CRL.P No. 1615 of 2023

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MINAKSHI BALA v. SUDHIR KUMAR reported in (1994)4

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SCC 142 , there is no warrant of interference before this Court. Since the proceedings are already at an advance stage before

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the concerned Court, reserving all liberty to the petitioners to urge all the contentions before the concerned Court that have

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been urged before this Court, the petition stands disposed.

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Consequently, I.A.No.1 of 2023 also stands disposed.

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Sd/(M.NAGAPRASANNA) JUDGE

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BKP

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List No.: 1 Sl No.: 67 CT:SS

Kavya v. State by

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Kavya v. State by

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