The Court disposed of the petition for quashing of FIR and proceedings as infructuous because the police had filed a final report-charge-sheet during the pendency of the petition, rendering the matter pending before the trial court.
Petition disposed as infructuous. IA for stay disposed. Liberty reserved to challenge charge-sheet.
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NC: 2024:KHC:38376 CRL.P No. 6501 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 6501 OF 2022
BETWEEN:
AGED ABOUT 62 YEARS, R/AT MATHRUSHREE KRIPA, 1-63, KADANGODU HOSSORU VILLAGE, KARJE POST,BRAHMAVARA TALUK AND DISTRICT-576213.
S/O HARISH NAIK, AGED ABOUT 29 YEARS, R/A MATHRUSHREE KRIPA, 1-63, KADANGODU HOSSORU VILLAGE, KARJE POST,BRAHMAVARA TALUK AND DISTRICT-576213.
Digitally signed by KAVYA G Location: High Court of Karnataka
…PETITIONERS
(BY SRI DILRAJ R SEQUEIRA, ADVOCATE)
NC: 2024:KHC:38376 CRL.P No. 6501 of 2022
AND:
…RESPONDENTS
(BY SRI JAGADEESHA B N, ADDL. SPP FOR R1)
THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE COMPLAINT, FIR DATED 31.05.2022 IN CR.NO.96/2022, PERTAINING TO BRAHMAVAR P.S., NOW PENDING ON THE FILE OF THE HONBLE COURT OF 2ND ADDL.SENIOR CIVIL JUDGE AND A.C.J.M., UDUPI FOR THE ALLEGED OFFENCE P/U/S 353,354,323,506,504 R/W 34 OF IPC AND ALL THE FURTHER PROCEEDINGS.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
Learned Additional State Public Prosecutor submits
that during the pendency of the petition, the police after investigation have filed the final report-charge sheet and
the matter is now pending in C.C.No.1251/2023.
NC: 2024:KHC:38376 CRL.P No. 6501 of 2022
infructuous.
challenge to the charge sheet, the petition is disposed as having become infructuous.
In view of disposal of the petition, I.A.1/2022 for stay does not survive for consideration and is accordingly
disposed.
Sd/(M.NAGAPRASANNA) JUDGE
CHS
List No.: 1 Sl No.: 427
1 issue framed by the court
Whether the Criminal Petition filed u/s 482 Cr.PC to quash the FIR and proceedings remains maintainable after the filing of the charge-sheet?
2 provisions across 2 enactments
Harish Naik
Pradeep Naik
Prathivi
Lakshmi
The State Represented by Brahmavar Police Station
Smt Pramitha
M. Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
