N Kalyankumar Vs the State by Karnataka

¶1

1 - NC: 2025:KHC:2915 CRL.P No. 1359 of 2024

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 23^RD DAY OF JANUARY, 2025

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 1359 OF 2024 (482(Cr.PC)/ 528(BNSS))

¶6

BETWEEN:

¶7

N. KALYANKUMAR SON OF NARAYANAN AGED 53 YEARS KC MILK SHOP, MURUGAPPA CHETTIYAR ROAD, URANI VADAKU (NORTH) PUDUVAYAL, KARAIKUDI TALUK, SHIVAGANGAI DISTRICT-630108.

¶8

ALSO: NO.1/44, D2, VALLAMBAR, KOTTAIYUR POST, NEAR ITI KARAIKUDI AND TAMIL NADU-630106

¶9

AND

¶10

Digitally signed by SUMA Location: HIGH COURT KARNATAKA

¶11

HEMA LADIES PG, GAYATHRI NAGAR, NEAR SAVI SAGAR HOTEL, BANGALORE-560021.

¶12

PERMANENT AND PRESENT ADDRESS ADDAR CARD AND VERIFY S/O NARAYANAN NO.7, PRASANNA ILLAM, KMP VIP NAGAR, KALIKAPPAN ROAD, OTHAKADAI, MADURAI-625107, TAMIL NADU, TAMIL NADU STATE.

¶13

…PETITIONER

¶14

(BY SRI. KRISHNAPPAN N., ADVOCATE)

¶15

2 - NC: 2025:KHC:2915 CRL.P No. 1359 of 2024

¶16

AND:

¶17

THE STATE BY KARNATAKA D.J. HALLI POLICE, BANGALORE CITY REP. BY STATE PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KARNATAKA BENGALURU-560001

¶18

SRI. MAHENDRAN S., NO.1113, 1^ST CROSS, SH LAYOUT, K.B. SANDRA, R.T. NAGAR POST BENGALURU CITY, KARNATAKA-560032

¶19

…RESPONDENTS

¶20

(BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1; SRI. SHASHANK S., ADVOCATE FOR R2)

¶21

THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE PCR COMPLAINT FILED BY THE 2^nd RESPONDENT IN PCR NO.59009/2023 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 383, 384, 385, 418, 420, 469, 503, 506, 507 OF IPC ON THE FILE OF THE XI ACMM AT BENGALURU IN SO FAR AS THIS PETITIONER CONCERNED WITH VIDE ANNEXURE-A AND ETC.

¶22

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶23

CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

¶24

ORAL ORDER

¶25

In this petition the petitioner seeks for the following reliefs:

¶26

"(a). Quash the PCR complaint filed by 2^nd Respondent in PCR No.59009/2023 for the

¶27

3 - NC: 2025:KHC:2915 CRL.P No. 1359 of 2024

¶28

offences punishable under Sections 383, 384, 385, 418, 420, 469, 503, 506, 507 IPC on the file of XI Addl. CMM at Bengaluru in so far as this petitioner concerned with vide AnnexureA.

¶29

(b) Quash the F.I.R. No.289 of 2023 of 1^st respondent D.J.Halli Police, which was booked for the offences punishable with IPC sections 418, 420, 469, 383, 384, 385, 503, 506, 507 - 11^th Addl CMM Court Mayo hall Bangalore City so far as this Petitioner is concerned Vide

¶30

Annexure-B.

¶31

(d) and grant such other relief or reliefs as this Hon'ble Court deems fit under the circumstances of the case including costs, in the interest of justice and equity."

¶32

Heard the learned counsel for the petitioner and learned High Court Government Pleader for respondent No.1 and learned counsel for the respondent No.2/defacto complainant and perused the material on record. Though several contentions have been urged by both the sides in support of their respective claim, having regard to the undisputed fact that further investigation pursuant to the impugned FIR in Cr.No.289/2023 dated 30.10.2023, has not taken place and respondent No.1 has not filed its report even

¶33

4 -

¶34

NC: 2025:KHC:2915 CRL.P No. 1359 of 2024

¶35

till today, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to dispose off this petition directing the respondent No.1/police authorities to conclude investigation in Cr.No.289/2023 and file final report as expeditiously as possible, within a period of three months, from the date of receipt of a copy of this order.

¶36

In addition thereto, till the respondent No.1 files a

¶37

final report as stated supra, the respondents shall not take precipitative or coercive steps against the petitioner. Subject to the aforesaid direction and leaving open all contentions urged by both petitioner and respondents, the petition stands disposed off, reserving liberty in favour of the petitioner to take recourse to such remedy is as available in law including approaching this Court after submission of final report, if occasion so arise.

¶38

Sd/(S.R.KRISHNA KUMAR) JUDGE

¶39

HJ

¶40

List No.: 1 Sl No.: 18

N Kalyankumar v. the State by Karnataka

Case brief

What is this about?

What did the court decide?

N Kalyankumar v. the State by Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Megha Arora, Vs State of Karnataka

Sri Pranav S Kodgi Vs the State by Geologist

Sri Arun Kumar R Wali Vs H.N. Naveen Kumar

Sri Manjunath K R Vs State of Karnataka

Sri C Basavaraju Vs State of Karnataka

A M Manjunatha Kumar Vs State of Karnataka