IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI CRIMINAL PETITION No.83/2019 BETWEEN:
Smt. Prema @ Premavva S. @ Radha, W/o.Sharanappa S., Aged about 37 years, R/at No.5, Bommanhalli, 8th Cross, Hongasandra, Bengaluru – 560 100.
Permanent Address:- C/o. Holalamma, Shi Baligera, Lakkundi, Halakeri Oni, Gadag, Karnataka – 582 101.
… Petitioner (By H.A.Chitra Shekaraiah, Advocate) AND:
State of Karnataka Sub-Inspector of Police, Hebbagodi Police Station, Bengaluru Urban District, Represented by:-
State Public Prosecutor, Ambedkar Veedhi, Bengaluru – 560 001.
... Respondent (By Sri R.D.Renukaradhya, HCGP) This Criminal Petition is filed under Section 482 of Cr.PC praying to quash the entire proceedings in C.C.No.501/2016 (Cr.No.141/2015) pending on the file of Addl. Civil Judge and JMFC, Anekal.
This Criminal Petition is coming on for admission this day, the Court made the following:-
ORDER The petitioner has sought to quash the entire proceedings in C.C.No.501/2016 (Crime No.141/2015) vide Annexure-D pending on the file of the Additional Civil Court and JMFC at Anekal.
2. One of the contention is that FIR was filed at 16.30 hours whereas raid was conducted on 06.03.2019 at 3.00 p.m. (in the FIR it has been shown that raid was conducted at 9.45 p.m. and the FIR was registered at 16.30 hours).
3. Undisputedly, before registration of FIR, raid was conducted which is erroneous. In other words, after registration of FIR, raid is required to be conducted. On this legal issue, the petitioner has made out a case so as to interfere with C.C.No.501/2016 in Crime No.141/2015. Thus, the proceedings in C.C.No.501/2016 (Crime No.141/2015) pending on the file of the Additional Civil Court and JMFC, Anekal is hereby set aside.
Accordingly, the Criminal Petition stands allowed.
Sd/- JUDGE PN/-