IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.7966 OF 2013 BETWEEN:
SRI K M NAGARAJA REDDY S/O MUNIKRISHNAPPA AGED ABOUT 48 YEARS R/A NO.79, 4TH MAIN 4TH CROSS, VALLABHANAGAR KONANAKUNTE CROSS KANAKAPURA ROAD BANGALORE 560062 ... PETITIONER (BY SRI:G. JAIRAJ, ADVOCATE) AND:
1. STATE OF KARNATAKA BY STATION HOUSE OFFICER DODDABALLAPURA TOWN DODDABALLAPURA BANGALORE RURAL DIST. PIN: 561203 2. K. SATHYAPRAKASH S/O LATE KRISHNAMURTHY MAJOR, R/A NO.1059, 3RD WARD 7TH DIVISION DODDABALLAPURA TOWN BANGALORE RURAL DIST 561203 3. C.G. SHESHACHAR S/O LATE GOPALASWAMY MAJOR, R/AT. NO.1060, ANANTHA NILAYA 3RD WARD, 7TH DIVISION DODDABALLAPURA TOWN BANGALORE RURAL DIST 561203 4. B.V. SUMITHRAMMA W/O LATE MUDDANANJAPPA MAJOR R/A NO.3167, GANIGAR PETE 4TH WARD, 24TH DIVISION DODDABALLAPURA TOWN BANGALORE RURAL DIST 561203 5. G.S. SOMARUDRA SHARMA MAJOR, PROPRIETOR S.G.S. ENTERPRISES NO.3378, 4TH WARD 28TH DIVISION DODDABALLAPURA TOWN BANGALORE RURAL DIST 561203 ... RESPONDENTS (BY SRI: I.S.PRAMOD CHANDRA, SPP-II FOR R1 SRI: MANJUNATH M.HEGDE, ADVOCATE FOR T.SHESHAGIRI RAO, ADVOCATE FOR R2 TO R5) THIS CRL.P IS FILED U/S. 482 CR.P.C PRAYING TO QUASH THE FIR AGAINST THE PETITIONER IN CRIME NO.148/12 WHICH IS NOW PENDING ON THE FILE OF THE CIVIL JUDGE AND JMFC, DODDABALLAPURA, BANGALORE RURAL DIST., BANGALORE, REGISTERED BY THE 1ST RESPONDENT POLICE, DODDABALLAPURA TOWN POLICE STATION.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Accused No.16 in Cr.No.148/2012 is before this Court invoking jurisdiction of this Court under Section 482 Cr.P.C. to quash the FIR registered against him for the aforesaid crime.
2. When the matter was taken up for hearing, learned SPP-II appearing for respondent No.1 has submitted that investigation is completed and charge sheet is laid against accused Nos.1 to 29 under Sections 143, 419, 420, 465, 468, 471, 114, 120B r/w 149 of IPC.
3. Learned counsel for the petitioner has drawn my attention to the order dated 25.02.2015, whereby it was clarified that the interim order passed by this Court in relation to petitioner-accused No.16 was in operation. In the said order, it was further stated that Investigating Officer has no impediment to investigate the crime against other accused. In view of this order, the Investigating Officer could not have conducted investigation against the petitioner/accused No.16 during the pendency of this petition and could not have laid the charge sheet against him. Hence, the charge sheet submitted against the petitioner- Sri. K.M. Nagaraja Reddy(accused No.16) is hereby quashed. The Investigating Officer is at liberty to reinvestigate into the matter insofar as accused No.16 is concerned and submit appropriate report to the Court.
The petition stands allowed in terms of the above order.
Sd/- JUDGE *mn/-