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2025 DAILYLAW 28507 (KAR)

SRI. LAKSHMIPATHI v. THE STATE OF KARNATAKA

CRL.P/7905/2025 · 2025-06-18

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:21196 CRL.P No. 7905 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 7905 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. SRI. LAKSHMIPATHI SON OF GOPALAPPA AGED ABOUT 44 YEARS, RESIDING AT NO.464, 1ST STAGE, 4TH BLOCKM 5TH MAIN, HBR LAYOUT BANGALORE – 560 043 2. SRI KANTHARAJA GOWDA SON OF GOPALAPPA, AGED ABOUT 44 YEARS RESIDING AT NO.464, 1ST STAGE, 4TH BOCK, 5TH MAIN, HBR LAYOUT BANGALORE – 560 043 …PETITIONERS (BY SRI. ARUN KUMAR Y. H., ADVOCATE) AND: THE STATE OF KARNATAKA REPRESENTED BY THE STATION HOUSE OFFICER ASHOK NAGARA POLICE STASTION BANGALORE – 570 048 …RESPONDENT (BY SRI. SOWMYA R., HCGP FOR R1) THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE COMPLAINT (ANNEXURE ‘A’) FIR DATED 24.04.2017 (ANNEXURE ‘B’) FIR IN CR.NO.181/2017 (ANNEXURE ‘C’) TO QUASH THE ENTIRE PROCEEDINGS WHICH IS Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21196 CRL.P No. 7905 of 2025 PENDING ON THE FILE OF THE LEARNED XLIII ACMM AT BANGALORE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners seek for the following reliefs: “a) Quash the complaint (Annexure – A), FIR dated 24.04.2017 (Annexure ‘B’), FIR in Crime No.181/2017 (Annexure ‘C’), to quash the entire proceedings which is pending on the file of the learned XLIII Additional Chief Metropolitan Magistrate at Bangalore and b) Grant such other and further reliefs including the costs of this petition which are just and necessary in the circumstances of the case in the interest of justice and equity.” 2. Heard learned counsel for the petitioners and learned HCGP for the respondent and perused the material on record. 3. A perusal of the material on record will indicate that on 23.04.2017 for the purpose of exchanging 500 and 100 notes, accused Nos.1 and 2 along with other accused were waiting near - 3 - HC-KAR NC: 2025:KHC:21196 CRL.P No. 7905 of 2025 Residency Road, Mayohall Court near Nandini Booth Parlour. Respondent based on the information arrived near the said place and took custody of the said accused and registered the case for the offences punishable under Sections 41(D), 102 and 420 of IPC and Section 7 of the Specified Bank Notes (Cessation Liabilities) Act, 2017 in Crime No.181/2017. After investigation, respondent filed charge sheet in C.C.No.59775/2018 before XLIII Additional Chief Metropolitan Magistrate, Mayohall (presently, renumbered as XXIX Additional Chief Metropolitan Magistrate, Mayohall. Aggrieved by the same, the petitioners are before this Court by way of the present petition. 5. A perusal of the material on record comprising of the complaint, FIR, charge sheet material, statement of witness, documents and etc., will clearly indicate that the same do not disclose the commission of the alleged offences. Under these circumstances, I am of the considered view that continuation of the impugned proceedings would amount to abuse of process of law warranting interference of this Court in the present petition. 6. Accordingly, I proceed to pass the following: - 4 - HC-KAR NC: 2025:KHC:21196 CRL.P No. 7905 of 2025 ORDER i) The petition is hereby allowed. ii) The impugned proceedings in C.C.No.59775/2018 arising out of Crime No.181/2023 on the file of XLIII Additional Chief Metropolitan Magistrate, Bengaluru, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 133