Petitions under Section 482 Cr.P.C. sought quashing of a reference order and FIR for cheating and related offences against members of a housing cooperative society. Counsel again sought adjournment despite a prior warning; the High Court dismissed the petitions for non-prosecution.
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 22ND DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
CRIMINAL PETITION NO. 9841 OF 2017
C/W
CRIMINAL PETITION NO. 9842 OF 2017 CRIMINAL PETITION NO. 9843 OF 2017 CRIMINAL PETITION NO. 9844 OF 2017
IN CRL.P NO.9841/2017 BETWEEN:
Digitally signed by NARAYANAPPA LAKSHMAMMA Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:13392 CRL.P No. 9841 of 2017 C/W CRL.P No. 9842 of 2017 CRL.P No. 9843 of 2017 CRL.P No. 9844 of 2017
…PETITIONERS
(BY SRI. RENY SEBESTIAN, ADVOCATE)
AND:
…RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; SRI. B.C. RAMAMURTHY, ADVOCATE FOR R2)
THE ORDER OF REFERENCE PASSED BY THE HON'BLE LVI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE DATED 22.09.2017 IN P.C.R.NO.7989/2017, BASED ON WHICH AN FIR WAS LODGED IN CRIME NO.311/2017 OF THE GIRINAGAR
NC: 2024:KHC:13392 CRL.P No. 9841 of 2017 C/W CRL.P No. 9842 of 2017 CRL.P No. 9843 of 2017 CRL.P No. 9844 of 2017
POLICE STATION, FOR THE OFFENCES P/U/S 120(B), 384, 420, 423, 424, 447, 464, 477(A) R/W 34 OF IPC.
IN CRL.P NO. 9842/2017
BETWEEN:
10TH-B-MAIN, 31ST CROSS, 4TH BLOCK, JAYANAGAR, BENGALURU - 560 011.
…PETITIONERS
(BY SRI. RENY SEBESTIAN, ADVOCATE)
AND:
NC: 2024:KHC:13392 CRL.P No. 9841 of 2017 C/W CRL.P No. 9842 of 2017 CRL.P No. 9843 of 2017 CRL.P No. 9844 of 2017
NO. 491, 14TH MAIN, 1ST CROSS, SBM COLONY, SRINIVASA NAGAR, BENGALURU - 560 050.
…RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; SRI. B.C. RAMAMURTHY, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ORDER OF REFERENCE PASSED BY THE HON'BLE LVI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE DATED 22.09.2017 IN P.C.R.NO.7989/2017, BASED ON WHICH AN FIR WAS LODGED IN CRIME NO.311/2017 OF THE GIRINAGAR POLICE STATION, FOR THE OFFENCES P/U/S 120(B), 384, 420, 423, 424, 447, 464, 477(A) R/W 34 OF IPC.
IN CRL.P NO. 9843/2017
BETWEEN:
(BY SRI. RENY SEBESTIAN, ADVOCATE)
…PETITIONERS
NC: 2024:KHC:13392 CRL.P No. 9841 of 2017 C/W CRL.P No. 9842 of 2017 CRL.P No. 9843 of 2017 CRL.P No. 9844 of 2017
AND:
…RESPONDENTS
(BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; SRI. B.C. RAMAMURTHY, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ORDER OF REFERENCE, PASSED BY THE HON'BLE LVI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, DATED 22.09.2017 IN P.C.R.NO.7989/2017, BASED ON WHICH AN FIR WAS LODGED IN CRIME NO.311/2017 OF THE GIRINAGAR POLICE STATION, BENGALURU CITY FOR THE OFFENCES P/U/S 120(B), 384, 420, 423, 424, 447, 464, 477(A) R/W 34 OF IPC.
IN CRL.P NO.9844/2017
BETWEEN:
NC: 2024:KHC:13392 CRL.P No. 9841 of 2017 C/W CRL.P No. 9842 of 2017 CRL.P No. 9843 of 2017 CRL.P No. 9844 of 2017
MAJOR IN AGE, R/A NO.905/85, 4TH MAIN, 5TH CROSS, VIDYARANYAPURAM, MYSORE - 570 008.
…PETITIONERS
(BY SRI. RENY SEBASTIAN.,ADVOCATE)
AND
…RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; SRI. B.C. RAMAMURTHY, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ORDER OF REFERENCE PASSED BY THE HON'BLE LVI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE DATED 22.09.2017 IN P.C.R.NO.7989/2017, BASED ON WHICH AN FIR WAS LODGED IN CRIME NO.311/2017 OF THE GIRINAGAR POLICE STATION, FOR THE OFFENCES P/U/S 120(B), 384, 420, 423, 424, 447, 464, 477(A) R/W 34 OF IPC.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
COMMON ORDER
Today also the counsel for the petitioners requests for an adjournment, this Court has categorically observed on 13.03.2024 that if arguments are not advanced, the petition would be liable to be dismissed. As such, the petitions stand dismissed for non-prosecution.
Sd/JUDGE
GJM List No.: 1 Sl No.: 14 CT: BHK
2 provisions across 2 enactments
SRI. R. BALAJI
SRI. SUNIL KUMAR T.S
SRI. ROBALDO
SRI. KEMPE GOWDA
SRI. G. DINESH KUMAR
STATE OF KARNATAKA BY GIRINAGAR POLICE
SURAJ GOVINDARAJ
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
