IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.8062 OF 2013 BETWEEN:
M L NAGARAJ S/O S. LAKSHMAN NAIK, AGED ABOUT 44 YEARS, EXECUTIVE ENGINEER (ELEC), NO.F/2, KEB QUARTERS, HAL, II STAGE, INDIRANAGAR, BANGALORE-560 008.
(By SRI: PRASANNA KUMAR, ADVOCATE FOR SRI: RAJESWARA P N, ADVOCATE) AND 1. STATE OF KARNATAKA BY NAYAKANAHATTI POLICE STATION, CHALLAKERE CIRCLE, CHITRADURGA DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT, BANGALORE-560 001.
2. SMT. SUMITRA H.
AGE ABOUT 30 YEARS, ... PETITIONER D/O L.H. NAIK, @ HANUMA NAIK, R/A NAYAKANAHATTI, CHALLAKERE TALUK, CHITRADURGA DISTRICT-577522.
... RESPONDENTS (BY SRI: VIJAYAKUMAR MAJAGE, ADDL. SPP FOR R1;
SRI: GOPALAKRISHNAMURTHY C., ADVOCATE FOR R2 ) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE THE ENTIRE PROCEEDINGS INITIATED IN CR. NO.143/2013 DATED 05.11.2013 ON THE FILE OF THE PRL. C.J. AND J.M.F.C., CHALLAKERE FOR THE ALLEGED OFFENCES UNDER SECTIONS 354,504,509 AND 506 OF IPC.
THIS CRL.P COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard learned counsel for petitioner, learned counsel for respondent No.2 and learned Addl. SPP for respondent No.1. Perused the records.
2. Petitioner is aggrieved by the registration of FIR in Cr.No.143/2013 against him for the alleged offences punishable under sections 354, 504, 509 and 506 of Indian Penal Code.
3. Learned counsel for the petitioner has canvassed his submissions only in relation to the offence under section 354 Indian Penal Code. It is contended that the averments made in the complaint, even if accepted on their face value, do not make out ingredients of the said offence and hence, the registration of FIR under section 354 Indian Penal Code is bad in law and cannot be sustained.
4. On going through the averments made in the complaint, it is noticed that insofar as the alleged offence under section 354 Indian Penal Code is concerned, there are no averments in the complaint attracting the ingredient of that offence. In the said circumstances, registration of FIR for the offence under section 354 Indian Penal Code cannot be sustained.
5. Insofar as the other offences viz., sections 504, 509 and 506 are concerned, there are necessary allegations in this regard which require to be investigated by the police and hence, to this extent, the petition is allowed-in-part. FIR registered against the petitioner under section 354 Indian Penal Code is quashed. Investigation shall proceed in respect of other offences viz., sections 504, 509 and 506 Indian Penal Code in accordance with law.
As it is submitted that in terms of the order dated 30.10.2014, the data collected by the Investigating Officer is kept in a sealed cover and submitted to the Court, the Investigating Officer shall proceed with the investigation and submit the final report as expeditiously as possible.
Sd/- JUDGE *mn/-