Document Fragment View
Fragment Information
Showing contexts for: section 507 in Dr H Hanumathappa vs The State Of Karnataka By on 8 January, 2025Matching Fragments
In this petition, petitioner seeks quashing of the FIR in Crime No.49/2024 for the offence punishable under Section 507 of IPC registered against the petitioner pursuant to the order dated 23.04.2024 passed in NCR No.90/2024 by the XXXI Addl.CMM, Bengaluru.
2. Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record.
3. A perusal of the material on record will indicate that pursuant to the post letter said to have been received, respondent No.2, PSI lodged a complaint in NCR No.90/2024 before respondent No.1 Police Authorities.
4. In pursuance of the same, respondent No.2 filed a requisition before learned Magistrate seeking permission to conduct investigation under Section 155(1) and (2) of Cr.P.C and the same having been permitted by learned Magistrate vide impugned order dated 23.04.2024, Crime No. 49/2024 was registered against the petitioner under Section 507 of IPC, NC: 2025:KHC:458 aggrieved by which, the petitioner is before this Court by way of the present petition.
In light of the admitted fact that the learned Magistrate has given his nod by writing "Perused the charge sheet and its contents. There are sufficient
- 16 -
NC: 2025:KHC:458 materials to take cognizance of the offence punishable U/Sec.120B, 507, 34 of IPC & to proceed in the matter. Hence, acting U/Se.190(1)(b) of Cr.P.C. cognizance of the offence punishable U/Sec120B, 507, 34 of IPC is taken", which would fall foul of the judgment rendered by the Co-ordinate Bench of this Court (supra) and the reasons rendered would cover the case at hand on all its fours.
ORDER
i) Petition is hereby allowed.
ii) The proceedings in FIR in Crime No.49/2024 for the offence punishable under Section 507 of IPC
- 17 -
NC: 2025:KHC:458 registered against the petitioner pursuant to the order dated 23.04.2024 passed in NCR No.90/2024 by the XXXI Addl.CMM, Bengaluru are hereby quashed.