K. NATARAJAN
Arun Kumar – Appellant
Versus
State of Karnataka – Respondent
ORDER (ORAL)
K. Natarajan, J.—This petition is filed by the petitioner / accused under Section 528 of Bharatiya Nagarika Suraksha Sanhita –2023 (hereinafter referred as BNSS) for quashing First Information and FIR in Crime No.180/2024, registered by the Lingasugur Police Station, for the offences punishable under Sections 376, 323, 506 and 420 of IPC, pending on the file of Prl. Civil Judge (Jr. Dn) and JMFC, Lingasugur, Dist: Raichur.
2. Heard the learned counsel for the petitioner, the learned High Court Government Pleader for the respondent No.1 – State and the learned counsel for the respondent No.2.
3. The case of the prosecution is that as per the first information lodged by the respondent No.2 before the police on 01.07.2024, alleging that she is working as a nurse in a Government Hospital, Lingasugur. Her husband met with an accident on 28.03.2021, admitted in the Government Hospital and he was died on 30.03.2021. During the time of treatment and after the death of her husband, the accused / petitioner said to be working in the same Hospital as ‘D’ group employee. He was helped the complainant while treatment. After the death of her husband and the accused frequently used t
FIR registered under wrong law can be quashed but complaint can be retained and filed afresh under right law.
The court established that pending matters under the CrPC, 1973, are preserved by the BNSS, 2023, while new incidents post-enactment must adhere to the BNSS.
FIRs for offences committed before new laws must be registered under IPC, with investigations following BNSS procedures.
Crime and investigation – If any offence is committed prior to enforcement of new criminal laws, then if F.I.R. is registered after enforcement of new criminal laws, then same will be registered unde....
(1) Cruelty – Pace at which false accusations of dowry demand, dowry harassment and domestic violence have surged in recent past is a matter of concern for society as a whole.(2) Courts are obliged t....
The court ruled that bail applications filed after the BNSS's enforcement for FIRs registered before its enactment must comply with the BNSS provisions, emphasizing the retrospective application of p....
A prior inquiry under Section 174 does not constitute an FIR, hence a second FIR can be registered based on new evidence, permitting continued investigation regardless of jurisdictional issues.
The court affirmed that FIRs containing legitimate allegations warranting investigation cannot be quashed unless no offence is disclosed or there is an abuse of process.
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