K.H. Umashankar vs The State Of Karnataka on 8 November, 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 8th DAY OF NOVEMBER, 2017

BEFORE

THE HON’BLE MR. JUSTICE K.N.PHANEENDRA

CRIMINAL PETITION NO.3187/2017

BETWEEN:

1. K.H. UMASHANKAR
S/O LATE U.HUCHANNA,
AGED ABOUT 49 YEARS,
R/AT NO.1318/A,
3RD CROSS, 2ND MAIN,
KALYANANAGAR,
T.DASARAHALLY,
BENGALURU-560 058.
PERMANENT R/O KALLUR VILLAGE,
GUBBI TALUK, TUMKUR DISTRICT.

2. SAVITHRAMMA
W/O PUTTASWAMY,
AGED ABOUT 53 YEARS,
R/AT NO.1318/A,
3RD CROSS, 2ND MAIN,
KALYANANAGAR,
T.DASARAHALLY,
BENGALURU-560 058.
… PETITIONERS

(BY SRI PRASANNA D.P., ADV.,)

AND:

1. THE STATE OF KARNATAKA
BY PEENYA POLICE,
BENGALURU-560 057.
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REPRESENTD BY SPP
HIGH COURT BUILDING,
BENGALURU-560 001.

2. CHANDRAKALA R
W/O UMASHANKAR K.H.,
R/AT NO.50, REVANNA
SIDDEWARA NILAYA,
1ST MAIN, BALAJI ENCLAVE,
KARIOBANAHALLY,
NAGASANDRA POST,
BENGALURU-560 073.
…RESPONDENTS

(BY SRI S.RACHAIAH, HCGP FOR R1)

THIS CRL.P IS FILED U/S.482 CR.P.C., PRAYING TO
QUASH THE FIR IN CRIME NO.123/2017 OF THE 1ST
RESPONDENT PEENYA POLICE FOR THE ALLEGED
OFFENCES P/U/S 495, 506, 498A R/W 34 OF IPC NOW
PENDING ON THE FILE OF XLV A.C.M.M., BENGALURU.

THIS CRIMINAL PETITION COMING ON FOR
ADMISSION THIS DAY, THE COURT PASSED THE
FOLLOWING:-

ORDER

Heard the learned counsel for the petitioners.

Perused the records.

The records disclose that the complaint has been

lodged by respondent No.2 – Complainant on 18.2.2017

registered in Crime No.123/2017 for the offence under
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Sections 495, 506 and 489(A) read with Section 34 of

IPC.

2. It is contended by the learned counsel for the

petitioners that till today the Police have not filed any

report to the Court. On that ground, he sought for

quashing of the FIR. The Court does not know as to

what are the materials collected by the Police from the

date of the said complaint. Therefore, it is just and

necessary to direct the respondent – Police to file an

appropriate report to the Court as expeditiously as

possible not beyond one month from the date of receipt

of a copy of this order.

3. If the petitioner is aggrieved by the report

submitted by the Police and if cognizance is taken on

such report, he is at liberty to approach this Court, if

such cognizance is bad in law.

With such liberty, petition is disposed of.
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I.A.No.1/2017 for stay does not survive for

consideration and it is accordingly dismissed.

Sd/-

JUDGE

PB

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