Karnataka High Court
Sri. Krishnamurthy vs State Of Karnataka By Its on 23 August, 2023
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NC: 2023:KHC:30100
WP No. 36726 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ
WRIT PETITION NO. 36726 OF 2019 (GM-RES)
BETWEEN:
SRI. KRISHNAMURTHY,
AGED ABOUT 54 YEARS,
S/O LATE N V CHENNARAYAPPA,
ASSISTANT EXECUTIVE ENGINEER,
DISTRICT PLANNING OFFICE,
KARNATAKA HOUSING BOARD,
CHITRADURGA.
...PETITIONER
(BY SRI H C SHIVARAMU, ADVOCATE)
AND:
1. STATE OF KARNATAKA BY ITS
PRINCIPAL SECRETARY TO GOVERNMENT.
DEPARTMENT URBAN DEVELOPMENT,
Digitally
signed by MULTISTORIED BUILDING,
SUMA
DR. B R AMBEDKAR VEEDHI,
Location:
HIGH BENGALURU - 560001.
COURT OF
KARNATAKA
2. THE COMMISSIONER
KARNATAKA HOUSING BOARD,
CAUVERY BHAVAN,
K G ROAD,
BENGALURU - 560009.
3. THE DEPUTY CHIEF MANAGER,
KARNATAKA HOUSING BOARD,
CAUVERY BHAVAN,
K G ROAD,
BENGALURU - 560009.
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NC: 2023:KHC:30100
WP No. 36726 of 2019
4. STATE OF KARNATAKA,
BY ITS YELAHANKA
NEW POLICE STATION,
BENGALURU CITY - 560 064,
REF FOR HIGH COURT
PUBLIC PROSECUTOR.
5. CHARANJIT SOLHA,
AGED ABOUT 82 YEARS,
S/O DIWANCHAND SOHLA,
RESIDING AT QUARTERS NO. C-4,
AIR FORCE QUARTERS SION (EAST),
MUMBAI -400 022.
...RESPONDENTS
(BY SRI B LAXMANA, HCGP FOR R1 AND R4,
SRI YATISH J NADIGA, ADVOCATE FOR R2,
R3 SERVED BUT UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF
CRIMINAL PROCEDURE CODE PRAYING TO QUASH THE
COMPLAINT DATED 21.12.2015 SUBMITTED BY THE THIRD
RESPONDENT AT ANNX-A ISSUED BY R-3. QUASH THE FIR
REGISTERED IN CRIME NO.0002/2016 DATED 04.01.2016 BY
THE R-4 POLICE AT ANNX-A1. ISSUE A WRIT OF MANDAMUS
TO THE R-2 TO INITIATE CRIMINAL PROCEEDINGS AGAINST
THE R-5 FOR MISLEADING AND OBTAINING THE SALE DEED
FOR THE SECOND TIME.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
Learned counsel for respondent No.2 submits that by the time the present petition was filed, charge sheet was already filed on 10.07.2019 and C.C.No.15648/2019 was registered. -3-
NC: 2023:KHC:30100 WP No. 36726 of 2019
2. If the charge sheet was already filed before the present petition was filed, the petition is not maintainable. In that view of the matter, petition is dismissed. It is however open for the petitioner to challenge the charge sheet in accordance with law. All contentions are left open.
Sd/-
JUDGE BRN List No.: 1 Sl No.: 11