Petitioners sought quashing of an FIR for extortion and criminal intimidation registered on a Lokayukta police complaint against unknown persons. The High Court held that since their names did not appear in the FIR and investigation was under progress, quashing was premature and dismissed the petition with liberty after charge-sheet.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN WRIT PETITION NO. 24418 OF 2023 (GM-RES)
BETWEEN:
S/O LATE YELLAPPA KOPPADA, AGED ABOUT 25 YEARS, R/A NO.4228, AKP ROAD, LAKSHMINAGAR, UDYAM NAGAR, BELAGAVI CITY - 590 001.
DISTRICT - BELAGAVI - 591 121.
Digitally signed by VEDAVATHI A K Location: High Court of Karnataka
(BY SRI. PRASANNA V R., ADVOCATE)
AND:
…PETITIONERS
NC: 2024:KHC:2490 WP No. 24418 of 2023
CITY DIVISION, BENGALURU - 560 001.
…RESPONDENTS
(BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1; SRI. B.B.PATIL, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED PRAYING TO QUASH OF FIR IN CRIME NO.86/2022 DATED 23.12.2022 REGISTERED BY THE R1 FOR THE ALLEGED OFFENCES PUNISHABLE U/S 506, 384 AND 419 OF IPC, VIDE ANNEXURE-A, PURSUANT TO THE COMPLAINT OF THE R2 DATED 23.12.2022 VIDE ANNEXURE-B, FOLLOWED WITH INITIATION OF PROCEEDING IN CRIME NO.86/2022 ON THE FILE OF THE LEARNED 39TH ACMM, BENGALURU CITY, VIDE ANNEXURE-C.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned HCGP takes notice B.B.Patil takes notice for
Lokayuktha.
NC: 2024:KHC:2490 WP No. 24418 of 2023
arises. The allegation against the petitioners is that some unknown persons were threatening the Government officials for extorting the money from them for having amassed the money.
If they are not paying the money, they will file the complaint against them in the Lokayuktha. Such being the case, it is not a fit case for entertaining at this stage, until filing of the final report.
Accordingly, this petition is dismissed .
However liberty is granted to challenge, if charge sheet is
filed.
Sd/JUDGE
AKV List No.: 1 Sl No.: 34 CT:SK
1 issue framed by the court
Whether the FIR in Crime No.86/2022 should be quashed when the petitioners' names do not appear in it and investigation is ongoing.
4 provisions across 1 enactments
Santhosh Yellappa Koppada
Vishal B Patil
State of Karnataka (Vidhana Soudha Police)
Anand H M, Police Inspector, Karnataka Lokayukta
K.Natarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
