The High Court of Karnataka granted permission to the petitioners to withdraw their criminal petitions filed for quashing of FIRs, reserving liberty to file a fresh petition challenging the charge sheet, and dismissed the petitions accordingly.
Permission granted to withdraw the petition with liberty to file a fresh petition challenging the charge sheet.
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 5TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 1764 OF 2023
C/W
CRIMINAL PETITION NO. 2454 OF 2023
IN CRL.P NO.1764/2023
BETWEEN:
R/AT SUNDARI BAGH, MASTHIKATTE, ULLALA VILLAGE, MANGALORE TALUK - 575 020.
Digitally signed by VEDAVATHI A K Location: High Court of Karnataka
S/O MOGAYYA ACHARYA, AGED ABOUT 50 YEARS,
R/AT VAIDHIYANATHA TEMPLE, ROAD ULLAL, ULLAL, MANGALORE CITY MANGALORE - 575 020.
…PETITIONERS
(BY SRI. RENSPRE PRITHESH D'SOUZA, ADVOCATE)
AND:
REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001.
…RESPONDENTS (BY SRI. VENKAT SATYANARAYANA A., HCGP FOR R1/STATE; SRI. VIJAY KUMAR K., ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE FIR AGAINST THE PETITIONER IN CR.NO.148/2022 OF ULLAL P.S., FOR THE OFFENCE P/U/S.120-B, 406, 420, 465, 468, 471 R/W SEC.34 OF IPC PENDING ON THE FILE OF THE Ist ADDITIONAL CIVIL JUDGE (Sr.Dn.) AND CJM COURT AT MANGALURU.
IN CRL.P NO.2454/2023 BETWEEN:
MR. DEEPAK K. VASANI S/O LATE KANTHILAL R, AGED ABOUT 55 YEARS, R/AT NO.18-3-A54/6, VINAYAKA KRIPA, N.G.ROAD, OPO. ATHAVARA, MANGALURU - 575 001.
…PETITIONER
(BY SRI. RAJARAMA SOORYAMBAIL, ADVOCATE)
AND:
…RESPONDENTS
(BY SRI. VENKAT SATYANARAYANA A., HCGP FOR R1/STATE; SRI. VIJAY KUMAR K., ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE FIR IN CRIME NO.148/2022 ON THE FILE OF 1ST ADDL. CIVIL JUDGE AND CJM COURT, MANGALORE CITY, MANGALORE FOR THE OFFENCES P/U/S.120B, 406, 420, 465, 468, 471 R/W SEC.34 OF IPC, AND GRANT SUCH OTHER ORDER OR DIRECTION AS THIS HONBLE COURT MAY BE DEEMS FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE.
THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsels for the petitioners in both petitions
submit that the police have already filed charge sheet and seek permission of this Court to withdraw the petitions with liberty to file a fresh petition challenging the charge sheet.
NC: 2024:KHC:5189 CRL.P No. 1764 of 2023 C/W CRL.P No. 2454 of 2023
as withdrawn reserving liberty as prayed for.
Sd/JUDGE
CS List No.: 1 Sl No.: 57 CT:SK
1 issue framed by the court
Whether to grant permission to withdraw the criminal petitions filed for quashing of FIR.
1 provisions across 1 enactments
Mr. UMMER FAROOQ S/O BAVA
Mr. HARISHCHANDRA S/O MOGAYYA ACHARYA
Mr. DEEPAK K. VASANI S/O LATE KANTHILAL R
The State Of Karnataka Represented By Ullal Police Station
Smt. SUJATHA ASHOK W/O ASHOK
K. Natarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
