Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:8480 WP No. 12747 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA WRIT PETITION NO. 12747 OF 2022 (GM-RES) BETWEEN:
SRI. COMANDUR PARTHASARATHY AGED ABOUT 66 YEARS, SON OF LATE RAJAGOPALAN, RESIDENT OF H.NO.8-2-293/82/A/648, ROAD NO.34, JUBILEE HILLS, HYDERABAD, TELANGANA. …PETITIONER (BY SRI. NIKHIL K., ADVOCATE) AND:
STATE OF KARNATAKA BY BASAVANAGUDI POLICE STATION, BENGALURU CITY, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU - 560 001. …RESPONDENT (BY SMT. K.P. YASHODHA, HCGP)
THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA R/W SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE PRAYING TO DIRECT THE RESPONDENT POLICE TO FILE FINAL REPORT WITHIN A REASONABLE PERIOD OF TIME IN CONNECTION WITH CRIME NO.90/2019 REGISTERED AT THE BASAVANGUDI POLICE STATION, BANGALORE CITY, FOR OFFENCES WHICH ARE MADE PENAL UNDER SECTIONS 406 AND 420 OF THE INDIAN PENAL CODE AND SECTION 9 OF THE KARNATAKA PROTECTION OF INTERESTS OF DEPOSITORS OF FINANCIAL
Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:8480 WP No. 12747 of 2022
ESTABLISHMENT ACT 2004, AS PER THE FIR AND COMPLAINT AS CONTAINED IN VIDE ANNX-A AND A1 AND ETC.,
THIS W.P., COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MRS JUSTICE M G UMA
ORAL ORDER
The petitioner herein being accused No.3 in Crime No.90/2019 of Basavanagudi Police Station, registered for the offences punishable under Sections 406 and 420 of Indian Penal Code (for short, 'IPC') and Section 9 of the Karnataka Protection of Interests of Depositors of Financial Establishment Act 2004, has approached this Court seeking issuance of writ or
order to direct respondent-Police to file the final report within a reasonable time.
2. The Informant filed the first information against the petitioner and co-accused alleging commission of the offence as stated above. The petitioner is arrayed as accused No.3.
3. Heard Sri. Nikhil K., learned counsel for the petitioner and Smt.K.P.Yashodha, learned High Court Government Pleader for the respondent-State. Perused the materials on records.
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NC: 2025:KHC:8480 WP No. 12747 of 2022
4. The grievance of the petitioner is that even though he is arrayed as accused No.3, apprehended and detained in custody for sometime before enlarging on bail, there are several similar complaints filed against him making similar allegations and the police without filing the final report sought his custody under Body Warrant which was taken one after the other. However, now the petitioner is on bail.
5. Learned High Court Government Pleader submits that till 2020-21 there was a stay in the connected matter which was also filed by the petitioner seeking to quash the criminal proceedings for carrying on the investigation. After disposal of the said petition, it was found that there was insolvency proceedings that was pending against the petitioner and therefore, final report was not filed. However, learned High Court Government Pleader was fair enough to submit that the respondent police will investigate into the matter and file the final report within three months.
6. The only grievance raised by the petitioner is with regard to non-filing of the final report by the police even after lapse of sufficient time. I find considerable force in the
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NC: 2025:KHC:8480 WP No. 12747 of 2022
contention taken by the learned counsel for the petitioner. The criminal case was registered in the year 2019. Even though it is stated that there was stay of the further investigation, admittedly the same was got vacated during 2020-21. Even there after for all these four years, there was no progress in the matter. Therefore, I deem it appropriate to allow the petition and to direct the police to file the final report in a time-bound manner. Hence, I proceed to pass the following.
ORDER (i) The Writ Petition is allowed. (ii) The respondent police is directed to complete the investigation and to file the Final Report within 90 days from today.
Sd/- (M G UMA) JUDGE
MKM List No.: 1 Sl No.: 2