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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 03^RD DAY OF SEPTEMBER, 2021

BEFORE

THE HON9BLE MR.JUSTICE K.SOMASHEKAR

CRIMINAL PETITION NO.2788/2019

BETWEEN:

1.

DR.NETHRAVATHI.V

W/O. LATE MANJUNATHA REDDY

AGED ABOUT 49 YEARS

R/AT VALEPURA, SORAHUNASE POST

VARTHUR HOBLI

BENGALURU - 560 087

2.

NAVEN REDDY.B.M.

AGED ABOUT 32 YEARS

S/O. LATE MANJUNATHA REDDY

R/AT VALEPURA, SORAHUNASE POST

VARTHUR HOBLI

BENGALURU - 560 087

3.

SMT.VENKATALAKSHMAMMA

W/O. LATE VENKATASWAMY REDDY

AGED ABOUT 70 YEARS

R/AT VALEPURA, SORAHUNASE POST

VARTHUR HOBLI

BENGALURU - 560 087 ... PETITIONERS

(BY SRI D.R.SUNDARESHA, ADV. [ABSENT])

AND:

1.

STATE BY WHITE FILED POLICE STATION

BEGNALURU, REPRESENTED BY

STATE PUBLIC PROSECUTOR

2

HIGH COURT BUILDING

BANGALORE - 560 001.

2.

RAVIKUMAR REDDY

S/O. B.N.RAMACHANDRA REDDY

AGED ABOUT 46 YEARS

NO.736/44, 1ST CROSS

CHOWDESHWARI LAYOUT

MARATHAHALLI

BENGALURU - 560 037 ... RESPONDENTS

(BY SRI. RAHUL RAI, HCGP FOR R1)

THIS CRIMINAL PETITION IS FILED U/S. 482 OF CR.P.C.

PRAYING TO QUASH THE COMPLAINT AND ALL FURTHER

PROCEEDIGNS

IN

CR.NO.91/2019

ON

THE

FILE

OF

RESPONDENT NO.1 BEFORE THE ADDL.C.J.M., BENGALURU

RURAL DISTRICT, BENGALURU DATED 03.03.2019 FOR THE

OFFENCE P/U/S 506, 504, 120(B), 406 AND 420 R/W 149 OF IPC

FILED BY THE RESPONDENT NO.2.

THIS CRIMINAL PETITION COMING ON FOR ADMISSION

THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

None appears for the petitioners either through video

conferencing or present before the Court physically.

2.

This matter is set down for Admission. However,

the same has been take up for final disposal.

3.

Learned HCGP is present before the Court

physically and submits that the case in Cr.No.91/2019 has

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been registered by the Whitefield police station and whereby,

FIR has been submitted to the Court of Additional Chief

Judicial Magistrate, Bengaluru Rural District, Bengaluru for

the offences punishable under Section 506, 504, 120B, 406,

420 r/w Section 149 of Indian Penal Code, 1860.

4.

Sri.Ravikumar Reddy approached the Whitefield

Police Station, Bengaluru City to initiate criminal case against

the accused and based upon his compliant, criminal law was

set into motion by registering the case in Cr.No.91/2019 for

the offences which reflected in FIR, said to have been

recorded by the jurisdictional Police. However, crime is of the

year 2019 and more so, almost all completion of two years.

5.

Keeping in view the provision of Section 173(2) of

Cr.P.C, when once the FIR has been recorded by the Police

having jurisdiction and Investigating Agency having taken up

the case for investigation, Investigation has to be completed

in accordance with the provision of Code of Criminal

Procedure by recording statement of witnesses and so also

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securing the material documents in order to laying of charge

sheet against him. However, in the instant case, the case is of

the year 2019 and it is almost completion of 2 years for

having initiation of criminal prosecution against the accused

in Cr.No.91/2019. Therefore, this petition is dismissed as

having become infructuous.

6.

Upon dismissal of the main petition, IA.No.1/2019

for stay does not survive for consideration and the same is

dismissed.

Sd/-

JUDGE

VM