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High Court of Karnataka · body

2025 DAILYLAW 24128 (KAR)

SMT. SUSHEELAMMAL v. THE STATE

CRL.P/5035/2018 · 2025-01-22

M G Uma

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:2661 CRL.P No. 5035 of 2018 C/W CRL.P No. 5036 of 2018 CRL.P No. 5037 of 2018 AND 5 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 5035 OF 2018 C/W CRIMINAL PETITION NO. 5036 OF 2018 CRIMINAL PETITION NO. 5037 OF 2018 CRIMINAL PETITION NO. 5038 OF 2018 CRIMINAL PETITION NO. 2060 OF 2019 CRIMINAL PETITION NO. 2061 OF 2019 CRIMINAL PETITION NO. 2062 OF 2019 CRIMINAL PETITION NO. 2063 OF 2019 IN CRL.P No. 5035/2018 BETWEEN: SMT. SUSHEELAMMAL W/O LATE SRI V. BALAKRISHNAN AGED ABOUT 86 YEARS RESIDING AT NO.108 VEERAPILLAI STREET 6 BENGALURU - 560042. …PETITIONER (BY SRI. ASHOK NAIK., ADVOCATE) Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2661 CRL.P No. 5035 of 2018 C/W CRL.P No. 5036 of 2018 CRL.P No. 5037 of 2018 AND 5 OTHERS AND: THE STATE BY HENNUR POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT BUILDING BANGALORE -01. 2. NAVEEN MEHTA AGED 49 YEARS H.NO. 241, SENA VIHAR KAMMANAHALLI BENGALURU 560043. …RESPONDENTS (SRI. VENKAT SATHYANARAYAN, HCGP FOR R1; SRI. R.B. DESHPANDE, ADVOCATE FOR R2(ABSENT)) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR AGAINST THE ACCUSED NO.4, IN CRIME NO.99/2018, ON THE FILE OF THE HENNUR POLICE STATION, AND DISCHARGE THE PETITIONER. IN CRL.P NO. 5036/2018 BETWEEN: SMT.S. DHANALAKSHMI W/O SHANMUGAM, RESIDING AT NO.104, DASAPPA LAYOUT, ST.JOHNS ROD, BENGALURU-56042 ...PETITIONER (BY SRI. ASHOK NAIK., ADVOCATE) - 3 - NC: 2025:KHC:2661 CRL.P No. 5035 of 2018 C/W CRL.P No. 5036 of 2018 CRL.P No. 5037 of 2018 AND 5 OTHERS AND: THE STATE BY HENNUR POLICE STATION, REP. BY PUBLIC PROSECUTOR, BANGALORE. ...RESPONDENT (BY SRI. VENKAT SATHYANARAYAN, HCGP FOR R1) THIS CRL.P FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR AGAINST THE ACCUSED NO.7, IN CRIME NO.99/2018, ON THE FILE OF HENNUR POLICE STATION AND DISCHARGE THE PETITIONER. IN CRL.P NO. 5037/2018 BETWEEN: SMT.J.KASTURIAMMAL W/O LATE SRI. JAYARAM, AGED ABOUT 67 YEARS RESIDING AT NO.19, SANGAM ROAD, BENGALURU-56042. ...PETITIONER (BY SRI. ASHOK NAIK., ADVOCATE) AND: 1. THE STATE BY HENNUR POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560001. 2. NAVEEN MEHTA - 4 - NC: 2025:KHC:2661 CRL.P No. 5035 of 2018 C/W CRL.P No. 5036 of 2018 CRL.P No. 5037 of 2018 AND 5 OTHERS AGED ABOUT 49 YEARS H.NO.241, SENA VIHAR, KAMMANAHALLI, BANGALORE-560043. ...RESPONDENTS (BY SRI. VENKAT SATHYANARAYAN, HCGP FOR R1; SRI. R.B. DESHPANDE, ADVOCATE FOR (ABSENT)) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR AGAINST THE ACCUSED NO.6, IN CRIME NO.99/2018, ON THE FILE OF THE HENNUR POLICE STATION, AND DISCHARGE THE PETITIONER. IN CRL.P NO. 5038/2018 BETWEEN: SMT. D. BHAGAVANTHI DEVI W/O SRI .V. DHANPAL, AGED 67 YEARS, NOW RESIDING AT NO.36, SHIVANSHETTY GARDEN, BENGALURU-560042. ALSO AT NO. 104 DASAPPA LAYOUT 1ST JOHNS ROAD BANGALORE - 560 042. ...PETITIONER (BY SRI. ASHOK NAIK.,ADVOCATE) AND: 1. THE STATE BY HENNUR POLICE STATION, REP. BY PUBLIC PROSECUTOR, BANGALORE. - 5 - NC: 2025:KHC:2661 CRL.P No. 5035 of 2018 C/W CRL.P No. 5036 of 2018 CRL.P No. 5037 of 2018 AND 5 OTHERS 2. NAVEEN MEHTA AGED 49 YEARS H.NO. 241 SENA VIHAR KAMMANAHALLI BENGALURU - 560043. ...RESPONDENTS (BY SRI. VENKAT SATHYANARAYAN, HCGP FOR R1; SRI. R.B. DESHPANDE, ADVOCATE FOR R2 (ABSENT)) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR AGAINST THE ACCUSED NO.3, IN CRIME NO.99/2018 U/S 406,420,467,468,471,120B OF IPC ON THE FILE OF THE IV A.C.M.M., BANGALORE CITY AND DISCHARGE THE PETITIONER. IN CRL.P NO. 2060/2019 BETWEEN: SMT SUSHILAMMAL W/O LATE SRI. V. BALAKRISHNAN AGED 86 YEARS RESIDING AT: NO.108, VEERAPILLAI STREET 6, BENGALURU 56042. ...PETITIONER (BY SRI. ASHOK NAIK.,ADVOCATE) AND: 1. THE STATE BY HENNUR POLICE STATION, REP. BY PUBLIC PROSECUTOR - 6 - NC: 2025:KHC:2661 CRL.P No. 5035 of 2018 C/W CRL.P No. 5036 of 2018 CRL.P No. 5037 of 2018 AND 5 OTHERS KARNATAKA HIGH COURT, BANGALORE 2. NAVEEN MEHTA AGED 49 YEARS, H.NO.241, SENA VIHAR KAMMANAHALLI, BANGALORE 560 043. ...RESPONDENTS (BY SRI. VENKAT SATHYANARAYAN, HCGP FOR R1; SRI. R.B. DESHPANDE, ADVOCATE FOR R2 (ABSENT)) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE NOTICE DATED 22.02.2019, U/S 9 OF THE KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN FINANCIAL ESTABLISHMENT ACT, AND FURTHER UNDER SECTION 69 OF THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT ISSUED TO THE ACCUSED NO.4. IN CRL.P NO. 2061/2019 BETWEEN: SMT KASTURIAMMAL W/O LATE SRI. JAYARAM, AGED 67 YEARS, RESIDNG AT: NO.19, SANGAM ROAD, BENGALURU 560 042. ...PETITIONER (BY SRI. ASHOK NAIK.,ADVOCATE) - 7 - NC: 2025:KHC:2661 CRL.P No. 5035 of 2018 C/W CRL.P No. 5036 of 2018 CRL.P No. 5037 of 2018 AND 5 OTHERS AND: 1. THE STATE BY HENNUR POLICE STATION, REP. BY PUBLIC PROSECUT , KARNATAKA HIGH COURT BANGALORE - 560 001. 2. NAVEEN MEHTA AGED 49 YEARS, H.NO.241, SENA VIHAR KAMMANAHALLI, BANGALORE 560 043. ...RESPONDENTS (BY SRI. VENKAT SATHYANARAYAN, HCGP FOR R1) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE NOTICE DATED 22.02.2019 U/S 9 OF KARNAKATA PROTECTION OF INTEREST OF DEPOSTIORS IN FINANCIAL ESTABLISHMENT ACT AND FURTHER U/S 69 OF THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016 ISSUED TO THE ACCUSED NO.6. IN CRL.P NO. 2062/2019 BETWEEN: SMT. D. BHAGAVANTHI DEVI W/O SRI. V.DHANPAL, AGED ABOUT 67 YEARS, RESIDING AT NO.36, SHIVANSHETTY GARDEN, BENGALURU 560 042. ...PETITIONER (BY SRI. ASHOK NAIK.,ADVOCATE) - 8 - NC: 2025:KHC:2661 CRL.P No. 5035 of 2018 C/W CRL.P No. 5036 of 2018 CRL.P No. 5037 of 2018 AND 5 OTHERS AND: 1. THE STATE BY HENNUR POLICE STATION, BENGALURU REP. BY PUBLIC PROSECUTOR, KARNATAKA HIGH COURT BANGALORE. 2. NAVEEN MEHTA AGED 49 YEARS, H.NO.241, SENA VIHAR KAMMANAHALLI BANGALORE - 560 043. ...RESPONDENTS (BY SRI. VENKAT SATHYANARAYAN, HCGP FOR R1) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE NOTICE DATED 22.02.2019, ISSUED BY HENNUR POLICE STATION, U/S 9 OF THE KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN FINANCIAL ESTABLISHMENT ACT, AND UNDER SECTION 69 OF THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, ISSUED TO THE ACCUSED NO.3. IN CRL.P NO. 2063/2019 BETWEEN: 1. SMT. DHANALAKSHMI W/O SHANMUGAM, AGED 58 YEARS, RESIDING AT NO.104, DASAPPA LAYOUT, ST.JOHNS ROAD, BENGALURU - 560 042. ...PETITIONER (BY SRI. ASHOK NAIK.,ADVOCATE) - 9 - NC: 2025:KHC:2661 CRL.P No. 5035 of 2018 C/W CRL.P No. 5036 of 2018 CRL.P No. 5037 of 2018 AND 5 OTHERS AND: 1. THE STATE BY HENNUR POLICE STATION, BENGALURU REP. BY PUBLIC PROSECUTOR, KARNATAKA HIGH COURT BANGALORE. 2. NAVEEN MEHTA AGED 49 YEARS, H.NO.241, SENA VIHAR KAMMANAHALLI BANGALORE - 560 043. ...RESPONDENTS (SRI. VENKAT SATHYANARAYAN, HCGP FOR R1) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE NOTICE DATED 22.02.2019 U/S 9 OF THE KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN FINANCIAL ESTABLISHMENT ACT AND UNDER SECTION 69 OF THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT ISSUED TO THE ACCUSED NO.7. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA - 10 - NC: 2025:KHC:2661 CRL.P No. 5035 of 2018 C/W CRL.P No. 5036 of 2018 CRL.P No. 5037 of 2018 AND 5 OTHERS ORAL ORDER Learned counsel for the petitioners has filed memos seeking permission to withdraw the petitions. 2. Learned Counsel for the petitioners has submitted that accused Nos.4,5,7 and 8 being the petitioners in these petitions have already been discharged by the trial Court. The memos and the submission are placed on record. The petitions are dismissed as withdrawn. Sd/- (M G UMA) JUDGE NV