Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:2915 CRL.P No. 1359 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 1359 OF 2024 (482(Cr.PC)/ 528(BNSS)) BETWEEN:
N. KALYANKUMAR SON OF NARAYANAN AGED 53 YEARS KC MILK SHOP, MURUGAPPA CHETTIYAR ROAD, URANI VADAKU (NORTH) PUDUVAYAL, KARAIKUDI TALUK, SHIVAGANGAI DISTRICT-630108.
ALSO:
NO.1/44, D2, VALLAMBAR, KOTTAIYUR POST, NEAR ITI KARAIKUDI AND TAMIL NADU-630106 AND
HEMA LADIES PG, GAYATHRI NAGAR, NEAR SAVI SAGAR HOTEL, BANGALORE-560021.
PERMANENT AND PRESENT ADDRESS ADDAR CARD AND VERIFY S/O NARAYANAN NO.7, PRASANNA ILLAM, KMP VIP NAGAR, KALIKAPPAN ROAD, OTHAKADAI, MADURAI-625107, TAMIL NADU, TAMIL NADU STATE. …PETITIONER (BY SRI. KRISHNAPPAN N., ADVOCATE)
Digitally signed by SUMA Location: HIGH COURT KARNATAKA
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NC: 2025:KHC:2915 CRL.P No. 1359 of 2024
AND:
1.
THE STATE BY KARNATAKA D.J. HALLI POLICE, BANGALORE CITY REP. BY STATE PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KARNATAKA BENGALURU-560001
2.
SRI. MAHENDRAN S., NO.1113, 1ST CROSS, SH LAYOUT, K.B. SANDRA, R.T. NAGAR POST BENGALURU CITY, KARNATAKA-560032 …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1;
SRI. SHASHANK S., ADVOCATE FOR R2)
THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE PCR COMPLAINT FILED BY THE 2nd RESPONDENT IN PCR NO.59009/2023 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 383, 384, 385, 418, 420, 469, 503, 506, 507 OF IPC ON THE FILE OF THE XI ACMM AT BENGALURU IN SO FAR AS THIS PETITIONER CONCERNED WITH VIDE ANNEXURE-A AND ETC.
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 the petitioner seeks for the following reliefs:
"(a). Quash the PCR complaint filed by 2nd Respondent in PCR No.59009/2023 for the
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NC: 2025:KHC:2915 CRL.P No. 1359 of 2024
offences punishable under Sections 383, 384, 385, 418, 420, 469, 503, 506, 507 IPC on the file of XI Addl. CMM at Bengaluru in so far as this petitioner concerned with vide Annexure- A.
(b) Quash the F.I.R. No.289 of 2023 of 1st respondent D.J.Halli Police, which was booked for the offences punishable with IPC sections 418, 420, 469, 383, 384, 385, 503, 506, 507 - 11th Addl CMM Court Mayo hall Bangalore City so far as this Petitioner is concerned Vide Annexure-B.
(d) and grant such other relief or reliefs as this Hon'ble Court deems fit under the circumstances of the case including costs, in the interest of justice and equity."
2. Heard the learned counsel for the petitioner and learned High Court Government Pleader for respondent No.1 and
learned counsel for the respondent No.2/defacto complainant and perused the material on record. Though several contentions have been urged by both the sides in support of their respective claim, having regard to the undisputed fact that further investigation pursuant to the impugned FIR in Cr.No.289/2023 dated 30.10.2023, has not taken place and respondent No.1 has not filed its report even
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NC: 2025:KHC:2915 CRL.P No. 1359 of 2024
till today, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to dispose off this petition directing the respondent No.1/police authorities to conclude investigation in Cr.No.289/2023 and file final report as expeditiously as possible, within a period of three months, from the date of receipt of a copy of this order.
3. In addition thereto, till the respondent No.1 files a final report as stated supra, the respondents shall not take precipitative or coercive steps against the petitioner. Subject to the aforesaid direction and leaving open all contentions urged by both petitioner and respondents, the petition stands
disposed off, reserving liberty in favour of the petitioner to take recourse to such remedy is as available in law including approaching this Court after submission of final report, if occasion so arise.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
HJ List No.: 1 Sl No.: 18