The High Court of Karnataka considered a Criminal Petition filed under Section 482 Cr.P.C. seeking quashing of proceedings. Upon the submission that charges had been framed, relying on Minakshi Bala v. Sudhir Kumar, the court disposed of the petition reserving liberty to avail other remedies.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 249 OF 2022
BETWEEN:
S/O PRASKASH PARMER, AGED ABOUT 33 YEARS, RESIDING AT PIPLYAHANA SQUARE, 24, KALINDI KUNJ, INDORE, MADHYA PRADESH - 452 001.
PRESENTLY RESIDING AT NO. 2224, SY. 6/2a, 6/2b, VAYUNANDAN LAYOUT, KENMPAPURA VILLAGE, HEBBALA, BANGALORE - 560 024.
Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA
…PETITIONERS
(BY SRI. SANDEEP HEGDE, ADVOCATE)
AND:
NC: 2024:KHC:33016 CRL.P No. 249 of 2022
S/O B.L. TIKU, AGED ABOUT 42 YEARS, R/A NO. 505, SHRIRAM SMRITHI APARTMENT, SARJAPURA ATTIBELE ROAD, ANEKAL, BANGALORE RURAL - 562 107.
…RESPONDENTS
(BY SRI. JAGADEESHA B.N., ADDL. SPP FOR R1)
THIS CRL.P. IS FILED U/S.482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.187/2021 ARISING OUT OF CR.NO.20/2020 DATED 31.01.2020 PENDING BEFORE THE HONBLE CJM, BANGALORE RURAL, BANGALORE FOR THE OFFENCE P/U/S 406, 420 OF IPC AND ALL FURTHER INVESTIGATION AND PROCEEDINGS AS AGAINST THE PETITIONERS.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
Learned Addl.SPP on instructions would submit that the charges have been framed and the petition would not be entertainable at this juncture.
NC: 2024:KHC:33016 CRL.P No. 249 of 2022
entertainment of the petition will run foul of the judgment of
the Apex Court in the case of MINAKSHI BALA V. SUDHIR
KUMAR1 .
remedy, as is available in law, the petition stands disposed.
Sd/(M.NAGAPRASANNA)
JUDGE
SJK List No.: 1 Sl No.: 3 CT: BHK
1 (1994) 4 SCC 142
1 issue framed by the court
Whether a Gauhati HC order under Section 482 Cr.P.C. can be entertained after charges are framed in the trial court.
Colour shows how this judgement treated each authority
Minakshi Bala v. Sudhir KumarDistinguished¶30
(1994) 4 SCC 142 · Who else cites this
Kshitij Parmar and Nikhil Shrivatsava
State of Karnataka represented by Electronic City Police Station
Rajesh Tiku
M. Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
