1. Petition to quash criminal proceedings for offences under Sections 506, 507, 384 IPC. (Para 1 , 2 )
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K. Somashekar, J
A. Gajendra Babu – Appellant
Versus
State of Karnataka – Respondent
CRIMINAL PETITION NO. 7458/2019
Advocates:
For the Appellants/Petitioners: Sunil, Krishnamurthy.N.
For the Respondents: Rahul Rai K
For the Appellants/Petitioners: Sunil, Krishnamurthy.N.
For the Respondents: Rahul Rai K
A petition to quash an FIR under Section 482 of Cr.P.C. becomes infructuous and is liable to be dismissed once the investigating agency has filed the charge sheet and the court has taken cognizance of the offense.
Headnote:(A) Criminal Procedure - Quashing of FIR - Filing of Charge Sheet - Where a petition to quash an FIR becomes redundant due to the subsequent filing of a charge sheet and the case reaching the stage of hearing before charge, the petition is rendered infructuous. (Para 5)
Issues: Whether the petition for quashment of the FIR survives after the filing of the charge sheet.
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2. Petitioners sought quashment; State submitted charge sheet was filed and case posted for hearing before charge. (Para 3 , 4 , 5 )
3. After charge sheet filed and case posted for hearing before charge, quashment petition becomes infructuous. (Para 5 )
4. Once charge sheet is filed and case is at hearing-before-charge stage, a pre-charge quashment petition is infructuous. (Para 5 )
5. Petition dismissed as infructuous; accompanying IA dismissed. (Para 5 )
6. When does a petition under Section 482 CrPC to quash an FIR become infructuous?
When the investigating officer has filed the charge sheet and the case is posted for hearing before charge, the petition becomes infructuous. (Para 5 )
THIS CRL.P FILED U/S 482 OF CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO QUASH THE FIR IN ANNEXURE-A FILED BY THE 1ST RESPONDENT POLICE IN CRIME NO.100/2019 PENDING ON THE FILE OF VII ADDL.CMM, BENGALURU.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
None appears for the petitioners either through video conference or physically present before the Court.
2. Whereas in this matter, petitioners are seeking for quashment of criminal proceeding initiated against the accused in Crime No.100/2019 for the offences punishable under Section 506, 507 and 384 r/w Section 34 of IPC.
3. The criminal law was set into motion by recording FIR as well as registering a case by Sadashivanagar Police Station, Bangalore City. But in this matter, there is a direction issued by this Court on 10.12.2019 to the Investigation Officer to submit the final report to the Court as expeditiously as possible.
4. Learned HCGP is directed to ascertain whether the Investigating Agency relating to Crime No.100/2019 registered by Sadashivanagar Police Station, Bangalore City, has filed the charge sheet or yet to file the charge sheet to proceed in this matter as according to the direction issued by this Court to the Investigating Agency to submit the final report.
5. In the meanwhile of completion of dictation by referring the material which finds place in the record and also directing the learned HCGP for State to ascertain the status of the case in Crime No.100/2019, but whereas in this matter there shall be a direction issued to the investigating officer to file the charge sheet as expeditiously as possible. However, learned counsel Sri Sunil for the petitioner who is present before the Court physically and representing the counsel namely Sri Krishna Murthy.N., and similarly learned HCGP who fairly submitted that subsequent to registration of the case in Crime No.100/2019, the investigating officer has taken up the case for investigation and laid the charge sheet against the accused in C.C.No.30451/2019. Subsequent to laying of the charge sheet by the police having jurisdiction that the case has been posted for hear before charge. This submission is placed on record.
When the case is posted for hear before charge, then this petition does not survive for consideration for quashment of Crime No.100/2019 registered by the Sadashivanagar Police station, Bangalore city. Consequently, keeping in view the submission made by the learned counsel for the petitioners and learned HCGP for State, this petition is dismissed as having become infructuous.
Upon dismissal of the main petition that I.A.1/2019 does not survive for consideration and accordingly, the same shall stands dismissed.
