Dismissed

Kumar v. State by Srirampura

Karnataka HC1 Mar 2024WP/933/2024

Case brief

AI extract

What is this about?

Accused in a murder trial sought transfer of investigation in twin cross-complaint cases to CBI/SIT. The court noted trial was underway, seven witnesses examined, and the Magistrate had already rejected the B Final Report and recorded sworn statements; it held the petition aimed only at delaying trial and dismissed it.

What did the court decide?

None granted; prayer to hand over cases to CBI/SIT refused.

Kumar Vs State by Srirampura — Quashing and FIR | Karnataka HC (2024)

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NC: 2024:KHC:8816 WP No. 933 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1^ST DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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WRIT PETITION NO. 933 OF 2024 (GM-RES)

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BETWEEN:

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KUMAR S/O LAKSHMANA AGED ABOUT 37 YEARS.

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RAVI @ RAVIKUMAR S/O LAKSHMANA AGED ABOUT 30 YEARS.

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KENCHAMMA W/O LAKSHMANA AGED ABOUT 49 YEARS

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RAKESHA S/O GANGADHARA,

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AGED ABOUT 20 YEARS.

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Digitally signed by B A KRISHNA KUMAR Location: HIGH COURT OF KARNATAKA

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JAYALAKSHMAMMA W/O GANGADHARA, AGED ABOUT 48 YEARS.

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NARASIMHAPPA S/O MALAPPA

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AGED ABOUT 67 YEARS ALL ARE AGRICULTURIST R/O GARAGA VILLAGE HOSADURGA TALUK CHITRADURGA DISTRICT - 577 527.

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…PETITIONERS

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(BY SRI GOPALAKRISHNAMURTHY C, ADV.)

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AND:

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STATE BY SRIRAMPURA POLICE STATION, R/BY STATE PUBLIC PROSECUTOR

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NC: 2024:KHC:8816 WP No. 933 of 2024

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HIGH COURT COMPLEX BENGALURU - 560 001.

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…RESPONDENT

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(BY SMT. K.P. YASHODHA, HCGP)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA & R/W 482 OF CR.P.C. PRAYING TO ISSUE WRIT TO HAND OVER THE ABOVE ALLEGED INCIDENT/DISPUTE INTO THE SPECIAL AGENCY LIKE CBI/SIT, SEEKING FOR A FAIR AND PROPER INQUIRY INTO THE ABOVE SAID INCIDENT AS PER P.C.R.NO.101/2022 DTD 22.07.2022 PENDING ON THE FILE OF CIVIL JUDGE AND JMFC, HOSADURGA AS PER ANNEXURE-F AND CRIME NO.62/2022 AS PER ANNEXURE-A ON THE FILE OF ADDL. CIVIL JUDGE (JR.DN) AND JMFC COURT, HOSADURGA, CHITRADURGA DIST AND CRIME NO.128/2022 PENDING ON THE FILE OF ADDL. CIVIL JUDGE (JR.DN) AND JMFC COURT, HOSADURGA, CHITRADURGA DIST AS PER ANNEXURE-G.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Petitioners, who are accused Nos.3 to 8 in S.C.No.129/2022 pending before the Court of II Additional District and Sessions Judge, Chitradurga, for the offences punishable under Sections 143, 147, 447, 323, 307, 504, 506, 302 read with Section 149 of IPC are before this Court under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C., seeking for the following reliefs:-

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"i. issue writ of Mandamus by this Hon'ble Court to hand over the above alleged incident/dispute into the special agency like CBI/SIT, seeking for a fair and proper inquiry into the above said incident as

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NC: 2024:KHC:8816 WP No. 933 of 2024

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per P.C.R.No.101/2022 dtd:22-07-2022 pending on the file of Civil Judge & JMFC, Hosadurga as per Annexure-F and Crime No.62/2022 as per Annexure-A on the file of Addl. Civil Judge (Jr Dn) & JMFC Court, Hosadurga, Chitradurga Dist as per Annexure-G in the ends of justice and equity.

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ii. To pass such other orders as deems fit by this Hon'ble court as per the facts and circumstances of the case to meet the ends of justice and equity."

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Heard the learned counsel for the parties.

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FIR in Crime No.62/2022 was registered by Sriramapura Police Station, Chitradurga initially against Lakshamana and six others for the offences punishable under Sections 143, 147, 447, 323, 307, 504, 506 and 149 of IPC on the complaint of Sri. Krishnamurthy, S/o Hanumantappa, who was injured in the incident that had taken place on 03.05.2022 and subsequently had died in the Hospital on 06.05.2022. Therefore, Section 302 of IPC was invoked against the accused in Crime No.62/2022 and after investigation, police have filed charge sheet for the aforesaid offences. Petitioners are arraigned as accused Nos.3 to 8 in the charge sheet. They are being tried for the said

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NC: 2024:KHC:8816 WP No. 933 of 2024

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offences in S.C.No.129/2022 by the Court of II Addl. District and Sessions Judge, Chitradurga.

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In respect of the very same incident that had taken place on 03.05.2022, FIR in Crime No.128/2022 was registered by Srirampura Police Station, Chitradurga on the complaint of Lakkamma, wife of accused No.8 in Crime No.62/2022, which was belatedly lodged on 01.08.2022. The police after investigation in the said case had filed B Final Report and acceptance of the said B Final Report was opposed by the complainant by filing separate complaint before the jurisdictional Magistrate. Learned Magistrate has rejected the B Final Report and has issued summons to the accused named in the private complaint and the case is pending in PCR No.101/2022. In the said case, seven witnesses have been examined as PWs1 to 7. In S.C.No.129/2022, the prosecution has examined seven charge sheet witnesses as PWs1 to 7. It is at this stage, this writ petition is filed seeking for the aforesaid relief.

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5. Learned counsel for the petitioners submits that there are

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eye witnesses to the incident in question and the police have

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NC: 2024:KHC:8816 WP No. 933 of 2024

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not recorded their statement and they have erroneously filed B Final Report. He submits that accused have been falsely implicated in Crime No.62/2022 and they are being tried for the charge sheeted offences in the said case before the jurisdictional Sessions Judge in S.C.No.129/2022. He submits that in the event, prayer made in the writ petition is not granted, justice would be denied to the accused.

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Learned HCGP has opposed the prayer made in the petition. She submits that B Final Report filed by the police has been rejected. Learned Magistrate has examined the complainant and his witnesses as PWs1 to 7. Therefore, at this stage, the prayer made by the petitioners cannot be granted. Accordingly, she prays to dismiss the petition.

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Petitioners herein are accused Nos.3 to 8, who are facing trial for the offences punishable under Sections 302, 307 and other offences punishable under the Indian Penal Code before the Court of II Addl. District and Sessions Judge, Chitradurga in S.C.No.129/2022. Already seven charge sheet witnesses have been examined in the said case by the prosecution as PWs1 to 7. In respect of the incident that had taken place on

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NC: 2024:KHC:8816 WP No. 933 of 2024

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03.05.2022, belatedly a police complaint was lodged on 01.08.2022 by the wife of 8th accused and based on the same, police had registered Crime No.128/2022. After investigation,

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police have filed a B Final Report in the said case. The complainant had opposed the acceptance of the B Final Report and also had filed a separate Private Complaint. The learned Magistrate having rejected the B Final Report has proceeded to record the sworn statement of the complainant and his witnesses. The complainant and his witnesses have been examined as PWs 1 to 7 before the learned Magistrate.

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It is the case of the petitioners herein that the complainant and witnesses, who have been examined in PCR No.101/2022, are the eye witnesses to the incident that had taken place on 03.05.2022 and their statement was not recorded by the police while investigating Crime No.62/2022. The statement of alleged eye witnesses have been already recorded before the jurisdictional Magistrate in PCR No.101/2022. It is for the learned Magistrate to appreciate the same and proceed further in accordance with law. In the event, the learned Magistrate proceeds further and if a criminal case is registered against the accused named in the private complaint,

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NC: 2024:KHC:8816 WP No. 933 of 2024

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Section 210 of Cr.P.C. comes into operation. Police after completing the investigation have filed a charge sheet in Crime No.62/2022. Charges have been framed in the said case and accused are being tried for serious offences, which include offences punishable under Sections 307 and 302 of IPC. The prosecution has already examined seven charge sheet witnesses in the said case. From a perusal of the material on record, it appears that petitioners have approached this Court in this petition only to delay the trial in S.C.No.129/2022. Under the circumstances, petitioners cannot be granted the relief sought for in the petition. Accordingly, the petition is dismissed.

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SD/JUDGE

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Kumar v. State by Srirampura

Case brief

What is this about?

What did the court decide?

Kumar v. State by Srirampura

Case brief

What is this about?

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