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2023 Supreme(Online)(Kar) 37615

KARNATAKA HIGH COURT
J. M. Khazi, J.
Virupakshappa Fakirappa Bommashetty v. State of Karnataka


1. These two separate petitions are filed by petitioner Virupakshappa Bommashetty under S.482 of Code of Criminal Procedure (for short, 'Cr.P.C.'), to quash the criminal proceedings initiated against him in C.C.No.33/2012 (Crime No.223/2009) and C.C.No.533/2015 (Crime No.125/20212) for the offences punishable U / S.408 and S.409 r/w/s 34 I.P.C. on the file of I Addl.Civil Judge and J.M.F.C., Dharwad.

2. Since the petitioner is same and the allegations made against him are common, these two petitions are clubbed together and decided by a common order.

3. In support of his petition, petitioner has contended that the initiation of criminal proceedings against him is nothing but abuse of process of the Court and with the sole intention of harassing him. Therefore, it is a fit case to quash the further proceedings.
3.1 When the respondent police have already registered the case against one Nissar Ahamad Mujawar, question of entertaining one more complaint on the same allegations and filing additional charge sheet does not arise. There was no order passed by the Magistrate to conduct further investigation. The police authorities are trying to mislead the Court by filing additional charge















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