OF KARNATAKA AT BENGALURU DATED THIS THE 12 TH DAY OF JUNE v. GIRISH
Case at a glance
Outcome
Disposed of
petition stands disposed of as having become infructuous reserving
Provisions considered
- Code of Criminal Procedure, 1973 s. 482
- Bharatiya Nagarik Suraksha Sanhita, 2023 s. 528
- Bharatiya Nyaya Sanhita, 2023 ss. 3(5), 351(3), 352
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 ss. 3(1)(r), 3(1)(s), 3(2)(va)
- SC and ST (Prevention of Atrocities) Amendment Act, 2015 ss. 3(1)(r), 3(1)(s), 3(2)(va)
Key paragraphs
- Para 77. Subject to the aforesaid liberty granted in favour of the petitioners, the petition stands disposed of as having become infructuous. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 2 Sl No.: 22
Judgment
(BY SRI. AVINASH GOWDA G.S., ADVOCATE) …PETITIONERS AND:
STATE OF KARNATAKA THROUGH SAKALESHPURA TOWN POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001. Digitally signed by CHANDANA B M Location: High Court Karnataka - 2 - NC: 2025:KHC:20384 CRL.P No. 14037 of 2024 HC-KAR
SRI. GIRISH E.D., S/O DHARMAPPA AGED ABOUT 37 YEARS, RESIDENT OF ESHWARAHALLI VILLAGE, BELOGODU HOBLI, SAKLESHPURA TALUK, HASSAN DISTRICT, HASSAN – 573 127. (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R-1; SRI. PRATHEEP K.C., ADVOCATE FOR R-2) …RESPONDENTS THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR IN CR.NO.276/2024 REGISTERED BY THE 1ST RESPONDENT / SAKALESHPURA TOWN P.S. FOR THE OFFENCES P/U/S 352, 351(3), 3(5) BNS 2023 AND UNDER SEC.3(1)(r), 3(1)(s), 3(2)(va) OF SC/ST (POA) ACT 2015 PENDING BEFORE THE ADDL. DISTRICT AND SESSIONS JUDGE, HASSAN DISTRICT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners seek the following reliefs:
a) the FIR in Crime No.276/2024 registered by the 1st respondent / Sakaleshpura Town Police To quash Station for the offence punishable under Sections 352, 351 (3), 3(5) BNS 2023 and under Sections 3(1)(r), 3(1)(s), 3(2) (va) of the SC and ST (Prevention of Atrocities) Amendment Act, 2015, pending before the Addl. District and Sessions, Judge, Hassan District, Hasssan. b) Grant any such orders / direction / reliefs as this Hon’ble Court deems fit and proper in the circumstances of the case, in the interest of justice and equity.
- 3 - NC: 2025:KHC:20384 CRL.P No. 14037 of 2024 HC-KAR
2. Heard learned counsel for the petitioners and learned HCGP for respondent No.1 and learned counsel for respondent No.2 and perused the material on record.
On 15.01.2025, this Court passed the following interim order:
Heard. Learned HCGP accepts notice for respondent No.1. Copies to be served. Issue emergent notice to respondent No.2. In the meanwhile, all further proceedings pursuant to FIR in Crime No.276/2024 on the file of the Addl. District & Sessions Judge, Hassan District qua the petitioners, are hereby stayed till the next date of hearing. Liberty is reserved in favour of respondents to seek vacation / modification of this order.
Learned counsel for the respondent submits that charge sheet pursuant to the impugned FIR in Crime No.276/2024 has been filed on 04.11.2024, much prior to the aforesaid interim order passed by this Court.
The said submission is placed on record. - 4 - NC: 2025:KHC:20384 CRL.P No. 14037 of 2024 HC-KAR
Operative part
In view of the aforesaid facts and circumstances, petition stands disposed of as having become infructuous reserving liberty in favour of the petitioners to file a fresh petition challenging the charge sheet.
Subject to the aforesaid liberty granted in favour of the petitioners, the petition stands disposed of as having become infructuous. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 2 Sl No.: 22
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: petition stands disposed of as having become infructuous reserving
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 482; Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 528; Bharatiya Nyaya Sanhita, 2023 — ss. 3(5), 351(3), 352; Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — ss. 3(1)(r), 3(1)(s), 3(2)(va); SC and ST (Prevention of Atrocities) Amendment Act, 2015 — ss. 3(1)(r), 3(1)(s), 3(2)(va).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.