Venkat And Anr vs The State on 21 February, 2022

[Cites 6, Cited by 0]

Karnataka High Court

Venkat And Anr vs The State on 21 February, 2022

Bench: V. Srishananda

                          1




          IN THE HIGH COURT OF KARNATAKA
                 KALABURAGI BENCH

      DATED THIS THE 21ST DAY OF FEBRUARY, 2022

                      BEFORE

       THE HON'BLE MR. JUSTICE V. SRISHANANDA

        CRIMINAL PETITION No.201099/2017
                        C/W
       CRIMINAL PETITION NO.201129/2017


CRL.P.201099/2017

BETWEEN

1.    VENKAT S/O NARASAPPA YADHAV,
      AGE: MAJOR, OCC. TEACHER

2.    CHANNAMMA W/O VENKAT YADHAV
      AGE MAJOR, OCC. TEACHER,
      BOTH R/O DOTIKOLA, TQ.CHINCHOLI,
      DIST.KALABURAGI
                                     ...PETITIONERS

(BY SRI VEERSHETTY BAKKAPPA, ADVOCATE)

AND

1.    THE STATE MUDBI POLICE STATION
      DIST. BIDAR (REPRESENTED
      THROUGH SPP, THE HIGH COURT
      OF KARNTAKA, KALABURAGI BENCH)

2.    B.GURUPRASAD
      AGE: MAJOR, OCC: SECRETARY
                           2




      KARNATAKA BORDER AREA DEVELOPMENT
      AUTHORITY, R/O. ROOM NO.107, IN
      BETWEEN M.S.BUILDING AND VIKAS SOUDHA
      BEHIND M.S.BUILDING CANTEEN,
      DR.AMBEDKAR VEEDHI, BENGALURU-01
                                      ...RESPONDENTS

(BY SRI SHARANABASAPPA M. PATIL, HCGP FOR R1;
NOTICE TO R2 SERVED)

    THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING TO
QUASH THE F.I.R.NO.310/2016 CR.NO.111/2016 OF
MUDBI POLICE STATION BIDAR FOR THE OFFENCES
PUNISHABLE U/SEC.406, 420, R/W 34 OF IPC AND TO SET
ASIDE THE PROCEEDINGS IN CRIME NO.310/2016 ON THE
FILE OF THE CIVIL JUDGE AND JMFC BASAVAKALYAN
AGAINST THE PETITIONERS HEREIN THE CERTIFIED COPY
OF FIR AND ORDER SHEET IS FILED AND MARKED AS
ANNEXURE-B AND C.

CRL.P.201129/2017

BETWEEN

1.    VENKAT S/O NARASAPPA YADHAV,
      AGE:47 YEARS, OCC:TEACHER,

2.    CHANNAMMMA W/O VENKAT YADHAV
      AGE: YEARS, OCC:GOVT. EMPLOYEE,
      BOTH R/O DOTIKOLA,
      TQ.CHINCHOLI, DIST.KALABURAGI.
                                        ...PETITIONERS

(BY SRI VEERSHETTY BAKKAPPA, ADVOCATE)

AND

1.    THE STATE MUDBI POLICE STATION,
      DISTRICT BIDAR (REPRESENTED
                                3




      THROUGH SPP, THE HIGH COURT
      OF KARNATAKA, KALABURAGI BENCH)

2.    DATTAPPA S/O CHANDRAPPA
      AGE:44 YEARS, OCC:ASSISTANT DIRECTOR,
      KANNADA & SANSKRUT DEPT. BIDAR.
                                     ...RESPONDENTS

(BY SRI SHARANABASAPPA M. PATIL, HCGP FOR R1;
NOTICE TO R2 SERVED)

   THIS CRL.P IS FILED U/S. 482 OF CR.P.C PRAYING TO
QUASH THE F.I.R. DATED:02.09.2016 IN CR.NO.85/2016
REGISTERED WITH MUDBI POLICE STATION, TQ.
BASAVAKALYAN DIST. BIDAR BY THE RESPONDENT
AUTHORITY FOR THE OFFENCES PUNISHABLE UNDER
SECTION 406, 420, 34, OF IPC AND TO SET ASIDE THE
PROCEEDINGS IN CR.NO.272/2016 ON THE FILE OF THE
CIVIL JUDGE AND JMFC BASAVAKALYAN AGAINST THE
PETITIONERS HEREIN, THE CERTIFIED COPY OF FIR AND
ORDER SHEET IS FILED AND MARKED AS ANNEXURE-B,
AND C.

     THESE PETITIONS COMING ON FOR ADMISSION
THIS DAY, THE COURT MADE THE FOLLOWING:

                         ORDER

Though these matters are listed for admission, with the consent of learned counsel for the parties, they are taken up for final disposal.

2. Heard the learned counsel for the petitioners and the learned High Court Government Pleader for respondent No.1 in both the petitions.

3. These petitions are filed under Section 482 of Cr.P.C. with the following prayer: Crl.P.No.201099/2017

"The petitioners are praying to quash the F.I.R.No.310/2016 Cr.No.111/2016 of Mudbi police station Bidar for the offences punishable u/Sec.406, 420, r/w 34 of IPC and to set aside the proceedings in Crime No.310/2016 on the file of the civil judge and JMFC Basavakalyan against the petitioners herein the certified copy of FIR and order sheet is filed and marked as Annexure-B And C".

Crl.P.No.201129/2017

" The petitioners are praying to quash the F.I.R. Dated:02.09.2016 in Cr.No.85/2016 registered with Mudbi police station, Tq. Basavakalyan dist. Bidar by the respondent authority for the offences punishable under section 406, 420, 34, of IPC and to set aside 5 the proceedings in Cr.No.272/2016 on the file of the Civil Judge and JMFC Basavakalyan against the petitioners herein, the certified copy of fir and order sheet is filed and marked as Annexure-B and C."

4. This Court consistently directed the investigation authority to file the charge sheet. On 18.02.2022, the learned High Court Government Pleader filed a memo stating that in respect of Crime No.85/2016, the charge sheet came to be filed on 11.05.2020 and the next date of hearing is fixed on 15.03.2022 and in respect of Crime No.111/2016, the charge sheet came to be filed on 08.09.2021 and the next date of hearing is fixed on 15.03.2022.

5. In other wards, the case is now posted for appearance of the accused before the jurisdictional Magistrate in both the cases.

6. Since the charge sheet is filed in both the cases, the question of quashing the FIR would not arise. 6 Reserving liberty for the petitioners to file an appropriate application before the jurisdictional Court, these petitions are disposed of.

In view of disposal of the main petitions, pending application, if any, does not survive for consideration and the same stands disposed of.

Sd/-

JUDGE Srt

Unlock Advanced Research with PRISMAI

Karnataka High Court