Petitioner sought quashing of FIR and charge sheet under Sections 482 CrPC alleging no material connected him to cheating and assault offences against the complainant. The court found statements of witnesses did not implicate accused No.3 and quashed proceedings against him as an abuse of process.
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NC: 2024:KHC:14734 CRL.P No. 3044 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2024 BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 3044 OF 2024
BETWEEN:
MR. UTTAM KUMAR K, AGED ABOUT 36 YEARS, R/AT NO.33, KEB ROAD, 4TH CROSS, 1ST MAIN, OPPOSITE RAMESHWARA TEMPLE, BSK 3RD STAGE, VTC, BANGALORE SOUTH, HOSAKANAHALLI, BANGALORE.
…PETITIONER
(BY MS. SHIVANI SHETTY., ADVOCATE)
AND:
Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka
…RESPONDENTS
(BY SRI.THEJESH P., HCGP FOR R1; NOTICE TO R2 IS DISPENSED WITH VIDE ORDER DATED 10.04.2024)
NC: 2024:KHC:14734 CRL.P No. 3044 of 2024
THIS CRL.P. IS FILED U/S.482 OF CR.P.C., PRAYING TO QUASH THE FIR, COMPLAINT AND CHARGE SHEET REGISTERED BY THE RESPONDENT NO.1/POLICE AGAINST THE PETITIONER/ACCUSED NO.3 IN CR.NO.328/2022 IN C.C.NO.2634/2023 OF CHANDRA LAYOUT POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 323, 354, 406, 420, 504 AND 506 R/W 34 OF IPC, PENDING BEFORE THE IV ADDL. CHIEF METROPOLITAN MAGISTRATE COURT, AT BENGALURU AND TO ACQUIT THE PETITIONER/ACCUSED NO.3 FROM THE ALLEGED OFFENCES.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner/accused No.3 is sought to be prosecuted for the offence punishable under Sections 323, 354, 406, 420, 504 and 506 read with Section 34 of IPC.
NC: 2024:KHC:14734 CRL.P No. 3044 of 2024
NC: 2024:KHC:14734 CRL.P No. 3044 of 2024
complainant to invest money. The charge sheet material does not contain any material to substantiate that the petitioner connived with accused No.1 to induce the complainant to invest money. Therefore, in the absence of any material to constitute the commission of offences alleged against the petitioner/accused No.3, the continuation of criminal proceedings will be an abuse of the process of law. Accordingly, I pass the following:
ORDER
ii. The impugned proceedings in C.C.No.2634/2023 on the file of IV Addl.Chief Metropolitan Magistrate, Bengaluru is quashed, insofar it relates to Accused No. 3.
Sd/JUDGE
BVK; List No.: 1 Sl No.: 14
2 issues framed by the court
Whether the charge sheet material disclosed any offence against petitioner/accused No.3 for allegedly conniving with accused No.1 to induce investment.
Whether continuation of criminal proceedings against accused No.3 amounted to abuse of process of law.
3 provisions across 2 enactments
Uttam Kumar K
State of Karnataka
Mohammoda Begum
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
