Crl.P.516/2019

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 01^ST DAY OF SEPTEMBER 2021

BEFORE

THE HON'BLE MR. JUSTICE K. SOMASHEKAR

CRIMINAL PETITION No.516 OF 2019

BETWEEN:

1.

SMT. KANYAKUMARI

W/O G. MADHIVANNAN,

AGED ABOUT 56 YEARS.

2.

SRI MADHIVANNAN. G.

S/O V. G. GAJARAJ,

AGED ABOUT 59 YEARS,

BOTH ARE R/AT NO.26,

SINGH COMPLEX, CHIKKA BETTAHALLI,

VIDYARANYAPURA,

BENGALURU-560097.

...PETITIONERS

(BY SRI H.RAMACHANDRA, ADV.)

AND:

THE STATE OF KARNATAKA

REP. BY POLICE INSPECTOR,

MALLESHWARAM POLICE STATION,

BENGALURU-560003.

... RESPONDENT

(BY SRI RAHUL RAI. K., HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482

OF CR.P.C. PRAYING TO DISCHARGE THE PETITONERS FOR THE

Crl.P.516/2019

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OFFENCES

P/U/S

468,471,420,120B

R/W

34

OF

IPC

IN

C.C.NO.18839/2013 (MALLESHWARAM CIRME NO.164/2012) ON

THE FILE OF THE HONBLE LVI A.C.M.M., BANGALORE BY

SETTING ASIDE THE ORDER DATED 21.12.2018 PASSED ON THE

APPLICATION FILED UNDER SECTION 239 OF THE CR.PC.

THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS

DAY, THE COURT MADE THE FOLLOWING:

O R D E R

Sri.H.Ramachandra,

learned

counsel

for

the

petitioners is present before the court physically and

seeks some short accommodation to cure the defects

raised by the office to proceed further in this matter in

accordance with law.

2. Though this matter is set down for removal of

office objections for the third time, neither the counsel for

the petitioners who is record nor the petitioners being

arraigned as accused Nos.1 and 2 are diligent or vigilant

to cure the office objections under the curial law to

proceed further in this matter.

Crl.P.516/2019

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3. In this petition, the petitioners/accused Nos.1

and 2 are seeking for quashment of the criminal

proceedings initiated against them in C.C.No.18839/2013

arising out of Crime No.164/2012, which is pending

before the court having jurisdiction to decide the matter

in accordance with law.

4. One M.H.Ramakrishnappa, who is the gravamen

of the incident, has narrated in his complaint and has

approached the Malleswaram Police Station, Bengaluru

City for registering the case against the accused.

Accordingly, the Police having jurisdiction registered the

case in Crime No.164/2012 by recording an FIR dated

17.06.2012. Subsequent to registration of the crime, the

domain would automatically vest with the investigating

agency as provided under Section 173(2) of Cr.P.C. for

recording the statements of the witnesses and so also to

secure the material documents as well as to draw the

Crl.P.516/2019

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mahazar in the presence of the panch witnesses to file

charge sheet.

5. It is relevant to refer to Section 167(2)(a)(i) and (ii)

of Cr.P.C. relating to the offence classified in the schedule

made in the Code of Criminal Procedure that the

investigation be completed within a period of 90 days or

60 days. However, in this matter, subsequent to

registration of the crime by the Malleswaram Police

Station in the year 2012, thereafter the Investigating

Officer has thoroughly investigated the matter and laid

the charge sheet against the accused before the court

having jurisdiction in the year 2013. Even taking into

consideration the registration of the crime is of the year

2012, it is almost after completion of 9 years, but there is

no progress relating to the charge sheeted case by the

Police having jurisdiction to expedite the matter or to end

the

criminal

prosecution

against

the

accused

in

accordance with law.

Crl.P.516/2019

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6. So far as the crimes are concerned, the case in

C.C.No.18839/2013

is

initiated

where,

by

the

Investigating Officer has laid the charge sheet against the

accused in the year 2013 and even taking into

consideration the year of filing of the charge sheet, it is

completion of eight years, but there is no ending of the

criminal prosecution against the accused. However it

requires to fo