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2025 DAILYLAW 55455 (KAR)

SRI BAIDYANATH KUMAR SINHA v. STATE OF KARNATAKA

CRL.P/9632/2025 · 2025-07-15

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:26161 CRL.P No. 9632 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 9632 OF 2025 BETWEEN: SRI BAIDYANATH KUMAR SINHA S/O KOUSHALANDRA NARAYAN SINHA, AGED ABOUT 31 YEARS, R/AT NO 203, L S TRANQIL APARTMENT,2ND FLOOR, 1ST CROSS, SR LAYOUT, MURGESH PALYA, BENGALURU PIN CODE 560017 …PETITIONER (BY SRI. RANGANATH REDDY R.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY JEEVAN BHEEMA NAGAR POLICE STATION, BANGALORE CITY 560075 HIGH COURT OF KARNATAKA 2. SRI PANKAJ KUMAR S/O SHREENARAYAN SINGH, AGED ABOUT 39 YEARS, C401, OSHOPRIYA OSHO, DHARA RESIDENCY GODREJ HILL, KALYAN WEST,THANE CITY, MAHARASTRA, PIN CODE 421301 …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA,HCGP FOR R1 NOTICE TO R2 IS DISPENSED WITH) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26161 CRL.P No. 9632 of 2025 CRL.P FILED U/S 482 CR.P.C (U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE ORDER ON APPLICATION FILED U/S 91 AND 93 OF CR.P.C DTD 24.04.2025 VIDE ANNEXURE-G PASSED BY THE LXXI ADDL. CITY CIVIL AND SESSIONS JUDGE, AT BANGALORE IN CR.NO.80/2020 REGISTERED BY JEEVAN BHEEMANAGAR POLIEC REGISTERED IN 10th ACMM, AT BANGALORE, WHICH IS NOW CHARGE SHEETED, COMMITTED AND PENDING AS SC.NO.967/2020, PENDING BEFORE THE LXXI ADDL. CITY CIVIL AND SESSIONS JUDGE, AT BANGALORE, FOR THE OFFENCES P/U/S 498(a),304(b) OF IPC, U/S 3 AND 4 OF D.P ACT. THIS PETITION, COMING ON FOR FINAL HEARING, 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 the following reliefs: "(i) Call for records, if necessary, (ii) To quash the order on application filed under section 91 and 93 of Cr.P.C. dated 24/04/025 vide "Annexure-G" passed by the LXXI Addl.City Civil and Sessions Judge at Bangalore in Cr.No.80/2020 registered by Jeevan Bheemanagar Police registered in 10th ACMM at Bangalore which is no charge sheeted, committed and pending as S.C.No.967/2020 pending before the LXXI Addl. City Civil and Sessions Judge at Bangalore for the offences - 3 - HC-KAR NC: 2025:KHC:26161 CRL.P No. 9632 of 2025 punishable under Section 498(a), 304(b) of IPC and Sections 3 and 4 of D.P. Act. (iii) Grant such other order or orders, which this Hon'ble Court may be pleased to pass, in the circumstances of the case, to stall the abuse of process of Court, in the interest of justice." 2. Heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondent No.1 and perused the material on record. 3. For the order proposed, notice to respondent No.2 is dispensed with. 4. Learned counsel for the petitioner in addition to reiterating the various contentions urged in this petition and referring to the material on record, invited the attention of this Court to the impugned order dated 21.04.2025 passed in S.C.No.967/2020, in order to contend that, after having directed that Investigating Officer to further investigate into the matter in terms of section 173(8) of the Cr.P.C., and it is not open/ - 4 - HC-KAR NC: 2025:KHC:26161 CRL.P No. 9632 of 2025 permissible for the Trial Court to direct the Investigating Officer to file additional charge sheet, and at the most the Trial Court was entitled to direct the Investigating officer to file final report and not an additional charge sheet and consequently the said direction issued by the Trial Court to the Investigating Officer to file additional charge sheet as per law deserves to be set aside. 5. Per contra, the learned High Court Government Pleader for the respondent No.1 submits that the impugned order to an extent it directed the Police Authorities to file charge sheet may be clarified/modified by directing the Police Authorities to submit final report after further investigation. 6. In view of the aforesaid facts and circumstances and submissions made by the learned counsel on both sides, I deem it just and proper to dispose of the petition by modifying/clarifying the impugned order and directing the Investigating Officer to further investigate into the - 5 - HC-KAR NC: 2025:KHC:26161 CRL.P No. 9632 of 2025 matter in terms of Section 173(8) of Cr.P.C. and file a final report in accordance with law within a period of 3 months as directed in the impugned order. 7. Subject to the aforesaid modification/clarification to the impugned order, the petition stands disposed of. Ordered accordingly. Sd/- (S.R.KRISHNA KUMAR) JUDGE HR