Petitioner sought quashing of two FIRs by the same complainant on the same cause of action. The first petition was withdrawn with liberty to approach after the final report; the second FIR, being a duplicate of the earlier one, was quashed.
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NC: 2024:KHC:39649 CRL.P No. 5756 of 2024 C/W CRL.P No. 9547 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 5756 OF 2024
C/W
CRIMINAL PETITION NO. 9547 OF 2024
IN CRL.P No. 5756/2024
BETWEEN:
NISHAD ALI PUKLASSERY, S/O ABDUL HAMEED PUKLASSERY, AGED ABOUT 42 YEARS, RESIDING AT NO. 301, PRESTIGE RICHMOND APARTMENT, 46/3, LAL BAGH MAIN RD, SAMPANGI RAMA NAGAR, BENGALURU, KARNATAKA - 560 027.
Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA
AND AT 2668/1, NEW D-32, 2ND MAIN, V.V. MOHALLA, MYSORE - 470 002, KARNATAKA. (AS PER AADHAR CARD)
…PETITIONER
(BY SRI. ANJAN DEV, ADVOCATE)
AND:
NC: 2024:KHC:39649 CRL.P No. 5756 of 2024 C/W CRL.P No. 9547 of 2024
…RESPONDENTS
(BY SRI. JAGADEESHA B.N, ADDL. SPP FOR R1; SRI. P. PRASANNA KUMAR, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE FIR AND COMPLAINT DATED 27.05.2024 AGAINST THE PETITIONER HEREIN IN CR.NO.82/2024 REGISTERED BY THE MALLESHWARAM POLICE STATION, BENGALURU, PENDING ON THE FILE OF III ADDL.C.M.M., BENGALURU FOR THE OFFENCE P/U/S 406, 408, 420, 467, 468, 471 R/W 34 AND 120B OF IPC MARKED AS DOCUMENT NO.1 AND 2 RESPECTIVELY TO THIS CRIMINAL PETITION.
IN CRL.P NO. 9547/2024
BETWEEN:
NISHAD ALI PUKLASSERY, S/O ABDUL HAMEED PUKLASSERY, AGED ABOUT 42 YEARS, RESIDING AT NO 301, PRESTIGE RICHMOND APARTMENTS, 46/3, LAL BAGH MAIN RD, SAMPANGI RAMA NAGAR, BENGALURU, KARNATAKA - 560 027.
AND AT DHKR, 2/102, BANNIMANTAP INDUSTRIAL LAYOUT, BEHIND TAJ CONVENTION HALL, MYSORE - 570 015.
...PETITIONER
(BY SRI. ASHISH KRUPAKAR, ADVOCATE)
AND:
...RESPONDENTS
(BY SRI. JAGADEESHA B.N, ADDL. SPP FOR R1; SRI. P. PRASANNA KUMAR, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.482 OF CR.P.C (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR AND COMPLAINT DATED 12.06.2024 AGAINST THE PETITIONER HEREIN IN CR.NO.190/2024 REGISTERED BY ASHOK NAGAR POLICE STATION, BANGALORE, PENDING ON THE FILE OF III ADDL.C.M.M., BENGLAURU FOR THE OFFENCE P/U/S 406, AND 420 R/W 34 OF IPC, 1860 MARKED AS DOCUMENT NOS.1 AND 2 RESPECTIVELY, TO THIS CRIMINAL PETITION.
THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
Crl.P.No.5756/2024.
The companion petition calls in question Crime No.185/2024 registered on 27.05.2024.
arguing the matter at length would seek leave of this Court to presently withdraw the petition and approach this Court once final report is filed by the police before the concerned Court and if the final report would go against him.
at the appropriate stage and appropriate time, petition stands disposed as withdrawn.
Crl.P. 9547/2024
NC: 2024:KHC:39649 CRL.P No. 5756 of 2024 C/W CRL.P No. 9547 of 2024
the State as well.
on the same cause of action for the same offence is necessarily to be obliterated on the ground of multiple FIRs being registered on the same cause of action, which gets on hitting the doctrine of sameness.
would admit the fact that it was the second crime registered on 12.06.2024 after the registration of the first crime on 27.05.2024. In that light I deem it appropriate to obliterate Crime No.190/2024 registered on 12.06.2024.
In light of the aforesaid, both the petitions are disposed.
Sd/(M.NAGAPRASANNA) JUDGE
BVK List No.: 1 Sl No.: 14 CT: BHK
1 issue framed by the court
Whether a second FIR registered on the same cause of action and same offences as an earlier FIR should be quashed.
4 provisions across 3 enactments
Nishad Ali Puklassery
State of Karnataka
Abdul Muneer Kallatra
M.Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
