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Judgments of Supreme Court of India and High Courts

Ajith Ranka vs Preethi Ranka on 25 June, 2018

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 25TH DAY OF JUNE, 2018

BEFORE

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

CRIMINAL PETITION NO.1808/2017

BETWEEN:

1. Ajith Ranka
S/o Mahaveer Ranka
Aged:42 years.

2. Mahaveer Ranka
S/o Late Kaluram Ranka
Aged:69 years.

3. Akash Ranka
S/o Mahaveer Ranka
Aged:35 years.

1 to 3 are residing at:
No-7, 30th Cross, 4th Block
Jayanagar, Bengaluru-560 011.
… PETITIONERS
(By Sri D.R.Sundaresha, Advocate)

AND:

1. Preethi Ranka
W/o Ajith Ranka
Residing at No.201
Shravanee Pride, No.7
Market Road
Basavanagudi
Bengaluru-560 004.
2

2. State of Karnataka by
The SHO Jayanagar P.S
Bengaluru-560 011.

Rep by:
The State Public Prosecutor
High Court Building
Bengaluru-01.
… RESPONDENTS

(By Sri S.Rachaiah, HCGP for Respondent No.2
Sri P.N.Hegde, Advocate for Respondent No.1)

This Criminal Petition is filed under Section 482 of Code
of Criminal Procedure by the advocate for the petitioner praying
to quash the complaint and FIR in Crime No.297/2016
Registered by the second respondent, for the offence
Punishable Under Section 3 of D.P Act and Section 498A, 376,
341, 34 of Indian Penal Code and for the subsequently
impleaded Section.354(B) of Indian Penal Code, pending on the
file of the Hon’ble II ACMM, Benagaluru

This Criminal Petition coming on for Admission this day,
the Court made the following:

ORDER

Heard the learned Counsel for the petitioners.

Perused the records.

2. This petition is filed seeking quashing of the FIR

in Crime No.297/2016 registered for offences under

Sections 498A, 376, 341 read with 34 IPC and Sections 3
3

and 4 of the Dowry Prohibition Act as also Section 354(B)

IPC.

3. It is seen from the Order Sheet of the Trial Court

which is furnished by the learned Counsel for the

petitioners that the Police, after investigation, submitted

the charge sheet and vide order dated 25.2.2017, the

learned Magistrate has already taken cognizance and

issued summons to accused Nos.1 to 3.

4. In the above said circumstances, the FIR cannot

be quashed as it merged with the charge sheet already

filed.

Hence, the petition is dismissed with liberty to the

petitioner to approach this court if he is aggrieved by the

cognizance order passed by the trial court or he can avail

the remedy of filing an application for discharge.

Sd/-

JUDGE

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