Karnataka High Court
Smt. Vijayalakshmi vs State Of Karnataka on 5 August, 2016
Author: Anand Byrareddy
Bench: Anand Byrareddy
1
IN THE HIGH COURT OF KARNATAKA AT
BENGALURU
DATED THIS THE 05TH DAY OF AUGUST, 2016
BEFORE
THE HON'BLE MR. JUSTICE ANAND BYRAREDDY
CRIMINAL PETITION No.7905 OF 2015
BETWEEN:
1. Smt. Vijayalakshmi,
Daughter of V.S.Murugesan,
Aged about 61 years,
2. Smt. Viswapriya,
Wife of Chandrasekaran,
Aged about 31 years,
Both are resident of No.2,
BS3, Shubamangala Apartment,
Sureshnagar 3rd Street,
Valasaravakam,
Chennai - 87,
Tamilnadu State.
...PETITIONERS
(By Shri Parameshwar N. Hegde, Advocate)
AND:
1. State of Karnataka through
Jnanabharathi Police,
Represented by
2
State Public Prosecutor,
High Court of Karnataka,
Bangalore - 560 001.
2. Mr. Rajani Shivalingam,
Son of Shivalingam,
Aged about 37 years,
No.42/143, Sapthagiri Nilaya,
Mutthurayana Nagar,
Kenchanahalli Village,
Mysore Road,
Bangalore - 560 056.
...RESPONDENTS
(By Shri Chetan Desai, Government Pleader for Respondent
No.1;
Shri C.H.Hanumantharaya, Advocate for Respondent No.2)
*****
This Criminal Petition is filed under Section 482 of the
Code of Criminal Procedure, 1973, praying to set aside the
F.I.R. in Crime No.358/2015 registered for the offence
punishable under Sections 506, 507 and 504 of IPC., pending
investigation on the file of the first respondent in so far the
petitioners are concerned.
This Criminal Petition coming on for Admission this day,
the court made the following:
ORDER
Heard the learned for the petitioners. 3
2. The petitioners are the accused, who are facing allegations of offences which are non-cognizable in nature. It transpires that the police had directly approached the court below in seeking to carry out further investigation, which is irregular.
3. However, the case cannot be quashed on that ground. The irregularity could be checked by reverting the matter back to the stage where the complaint was received by the police.
If the police required permission of the court to carry out further investigation, they shall direct the complainant to obtain such permission. Therefore, the action taken by the police and the court having granted such permission is wholly irregular and is accordingly set aside.
The police shall instruct the complainant to obtain permission from the court, which the complainant shall do in due course. With that observation, the petition stands disposed 4 of. Any further proceedings taken pursuant to the impugned action shall stand quashed.
Sd/-
JUDGE KS