Disposed¶45

Muniraju. M v. the State of Karnataka

Karnataka HC30 Jan 2025WP/9423/2023

Case brief

AI extract

What is this about?

Quashing of FIR Crime No. 54/2023 dated 21.03.2023, Annapurneshwari Police Station, Bangalore; WP No. 9423 of 2023 (GM-RES) under Articles 226/227 Constitution r/w Section 482 CrPC; charge sheet filed 17.08.2023; prayer [a] not pressed; liberty reserved to file fresh petition; direction to Police Inspector (R-5) to consider representation dated 19.03.2023 (Annexure-C) and act in accordance with law within two months; petition disposed of with directions; Karnataka High Court, Justice S.R. Krishna Kumar, order dated 30 January 2025.

What did the court decide?

Liberty reserved to the petitioner to file a fresh petition on prayer [a]; respondent No.5 directed to consider the representation dated 19.03.2023 (Annexure-C) and take appropriate action/steps in accordance with law within two months from receipt of a copy of the order. ¶45

Muniraju. M Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

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1 - NC: 2025:KHC:4365 WP No. 9423 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 30^TH DAY OF JANUARY, 2025

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

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WRIT PETITION NO. 9423 OF 2023 (GM-RES)

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BETWEEN:

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MUNIRAJU. M S/O. LATE MUNISWAMAPPA, AGED ABOUT 40 YEARS, RESIDING AT NO. 28, 15^TH CROSS, ERANA PALYA, SRIGANDHA KAVALU, BANGALORE-560 091.

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SHOBHA. G W/O. MOHAN, AGED ABOUT 46 YEARS,

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GANGANARASAIAH

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Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA

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S/O. LATE DODDA PAPAIAH, AGED ABOUT 76 YEARS,

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BOTH THE PETITIONERS NO. 2 AND 3 RESIDING AT NO. 28, 15^TH MAIN, EARANA PALYA, SRIGANDADA KAVALU, BANGALORE.

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…PETITIONERS

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(BY SRI. LAKSHMIKANTH K.,ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REP BY ITS SECRETARY,

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2 - NC: 2025:KHC:4365 WP No. 9423 of 2023

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DEPARTMENT OF HOME, VIDHANA SOUDHA,

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BANGALORE-560 001.

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THE COMMISSIONER OF POLICE INFANTRY ROAD,

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BANGALORE-560 001.

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THE DEPUTY COMMISSIONER OF POLICE WEST DIVISION,

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BANGALORE-560 001.

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THE ASSISTANT COMMISSIONER OF POLICE KENGERI SUB DIVISION, JANABHARATHI POLICE STATION, BANGALORE-560 058.

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THE POLICE INSPECTOR ANNAPURNESHWARI POLICE STATION, BANGALORE-560 056.

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…RESPONDENTS

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(BY SMT.RASHMI JADHAV., ADDL. SPP FOR R1 TO R5)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W 482 OF CR.PC PRAYING TO QUASH THE FIR AND COMPLAINT DATED 21.03.2023 IN CRIME NO. 54/2023 REGISTERED BY THE R-5 AT ANNX-D UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE; DIRECT THE R-5 TO CONSIDER THE REPRESENTATION DATED. 19.03.2023 AT ANNX-C.

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

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

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3 - NC: 2025:KHC:4365 WP No. 9423 of 2023

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ORAL ORDER

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In this petition, the petitioners are seeking the following

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reliefs:

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"Direct the respondent No.5 to consider the complaint dated 19.03.2023 Annexure C and stay the further proceedings in FIR in Crime No. 54/2023 dated 21.03.2023 at Annexure-D, Pending disposal of the above writ petition."

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After arguing the matter for some time, the learned counsel for the petitioners submits that in view of filing of charge sheet by the respondent No.5 on 17.08.2023, the present prayer [a] is not being pressed and the present petition may be disposed of reserving liberty insofar as prayer [a] is concerned for the petitioner to file a fresh petition.

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It is also submitted that insofar as prayer [b] is concerned, the respondent No.5 may be directed to consider the representation at Annexure-C dated 19.03.2023 submitted by the petitioner and take appropriate action/steps within a timeframe in accordance with law.

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4 - NC: 2025:KHC:4365 WP No. 9423 of 2023

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Per contra, the Additional State Public Prosecutor

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submits that if reasonable time is granted, the respondent No.5 would consider and take appropriate action/steps pursuant to the petitioner's representation given to the respondent No.5 in accordance with law.

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In view of the aforesaid facts and circumstances, I

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deem it appropriate to dispose of this petition issuing certain directions.

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ORDER

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[a] The petition is hereby disposed of reserving liberty in favour of the petitioner to file a fresh petition insofar as prayer [a] is concerned.

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[b] The respondent No.5 shall address the grievance of the petitioner and consider and take appropriate action/steps pursuant to the representation at Annexure-C dated 19.03.2023 and proceed further in accordance with law within a period of two months from the date of receipt of a copy of this order.

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Sd/-

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(S.R.KRISHNA KUMAR) JUDGE

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AN/-

Muniraju. M v. the State of Karnataka

Case brief

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Muniraju. M v. the State of Karnataka

Case brief

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