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Sandeep Nagaranthal vs The State Of Karnataka
2024 Latest Caselaw 12580 Kant

Citation : 2024 Latest Caselaw 12580 Kant
Judgement Date : 6 June, 2024

Karnataka High Court

Sandeep Nagaranthal vs The State Of Karnataka on 6 June, 2024

Author: K.Natarajan

Bench: K.Natarajan

                        1




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 6TH DAY OF JUNE, 2024

                    BEFORE

      THE HON'BLE MR JUSTICE K.NATARAJAN

      CRIMINAL PETITION NO.9216 OF 2022

                      C/W

       CRIMINAL PETITION NO.264 OF 2024

                      C/W

        WRIT PETITION NO.19466 OF 2022


IN CRL.P NO.9216 OF 2022
BETWEEN:

1.   SMT. NAMRATA LOGISHETTY
     D/O SRI. SHRAVAN KUMAR LOGISHETTY
     1ST PETITIONER DELETED VIDE ORDER
     DATED 30.01.2024

2.   MR. SHRAVAN KUMAR LOGISHETTY @
     SHRAVAN LOGISHETTY
     S/O L. JANARDHAN RAO,
     AGED ABOUT 54 YEARS,

3.   MRS. SREEDEVI LOGISHETTY
     W/O SHRAVAN KUMAR LOGISHETTY
     AGED ABOUT 54 YEARS,
                           2




4.   MR. GAURAV LOGISHETTY
     S/O MR. SHRAVAN KUMAR LOGISHETTY,
     AGED ABOUT 24 YEARS,

5.   MRS. HEMALATA LOGISHETTY
     W/O LATE L. JANARDHAN RAO,
     AGED ABOUT 80 YEARS,
     PETITIONERS 2 TO 5 ARE R/AT:
     H. NO.D-15 VIKRAMPURI,
     OPP: APOLLI HOSPITAL, SECUNDERABAD,
     TIRUMALAGIRI, HYDERABAD - 500 009.

6.  SRI. R. G. SOMASHEKAR GOWDA
    S/O SRI. RAMEGOWDA,
    AGED ABOUT 45 YEARS,
    NO.124, 1ST "B" MAIN ROAD, 6TH BLOCK,
    RAJAJINAGAR, BENGALURU - 560 010.
                                        ...PETITIONERS
(BY SRI. MAHESH S., ADVOCATE)

AND:

1.   STATE OF KARNATAKA
     BY MARATHAHALLI POLICE STATION
     REPRESENTED BY STATE PUBLIC PROSECUTOR
     HIGH COURT OF KARNATAKA
     BANGALORE - 560 001.

2.   MR. GOPINATH NAGAR ANTHAL
     S/O N.A. NARASIMHALU,
     AGED ABOUT 61 YEARS,
     VILLA 24, VASWANI WHISPERING PALMS,
     8, 2ND CROSS, BALAJI LAYOUT,
     MARATHAHALLI, BANGALORE - 560 037.
                                    ...RESPONDENTS
(BY SMT. ANITHA GIRISH, HCGP FOR R1;
    SMT. JAYNA KOTARI, SENIOR COUNSEL FOR
    SRI. AZHAR MEER, ADVOCATE FOR R2)
                           3




     THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C. PRAYING TO QUASH THE FIR AND ITS
CONSEQUENT INVESTIGATION IN CR.NO.201/2022 OF THE
Ist RESPONDENT MARATHAHALLI POLICE STATION FOR
OFFENCE P/U/S.384, 306, 506 R/W SEC.34 OF IPC AGAINST
THE PETITIONER HEREIN PENDING ON THE FILE OF THE
HON'BLE 29th ADDITIONAL CMM COURT, MAYO HALL,
BENGALURU CITY.


IN CRL.P NO.264 OF 2024
BETWEEN:
    NAMRATA LOGISHETTY
    D/O SRI. SHRAVAN KUMAR LOGISHETTY,
    AGED ABOUT 28 YEARS,
    H. NO. 15, VIKRAMPURI, OPP: APOLLO HOSPITAL,
    SECUNDERABAD, TURIMALAGIRI,
    HYDERABAD - 500 009.
                                         ...PETITIONER
(BY SRI. MAHESH S., ADVOCATE)
AND:

1.   STATE OF KARNATAKA
     BY MARATHAHALLI POLICE STATION,
     REPRESENTED BY STATE PUBLIC
     PROSECUTOR, HIGH COURT OF KARNATAKA,
     BANGALORE - 560 001.
2.   MR. GOPINATH NAGAR ANTHAL
     S/O N.A. NARASIMHALU,
     AGED ABOUT 61 YEARS,
     NO.27, VASWANI WHISPERING PALMS,
     2ND CROSS, BALAJI LAYOUT,
     MARATHAHALLI, BANGALORE - 560 037.
                                    ...RESPONDENTS
(BY SMT. RASHMI PATEL, HCGP FOR R1;
    SMT. JAYNA KOTARI, SENIOR COUNSEL FOR
    SRI. AZHAR MEER, ADVOCATE FOR R2)
                          4




     THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C. PRAYING TO QUASH THE CRIMINAL
PROCEEDINGS IN C.C.NO.57107/2023 FOR OFFENCE
P/US.306, 384, 506 OF IPC INITIATED BY THE Ist
RESPONDENT MARATHAHALLI POLICE STATION PENDING
BEFORE THE XXIX ADDL CMM, BENGALURU.

IN WP NO.19466 OF 2022
BETWEEN:
1.   SANDEEP NAGARANTHAL
     AGED ABOUT 32 YEARS,
     S/O MR. GOPINATH NAGARANTHAL,
     R/A VILLA NO.24,
     'VASWANI WHISPERING PALMS',
     8, 2ND CROSS, BALAJI LAYOUT,
     NEAR SBR PALACE, MARATHAHALLI,
     BENGALURU - 560 037.

2.  MR. N. A. GOPINATH
    AGED ABOUT 61 YEARS,
    S/O MR. N. A. NARASIMHALU,
    R/AT NO.401, 4TH FLOOR,
    'ADARSH MANOR', SHANKAR MUTT ROAD,
    SHANKARPURAM, BASAVANAGUDI,
    BENGALURU - 560 004.
                                      ...PETITIONERS
(BY SMT. JAYNA KOTARI, SENIOR COUNSEL FOR
    SRI. AZHAR MEER, ADVOCATE FOR R2)

AND:

1.   THE STATE OF KARNATAKA
     REPRESENTED BY THE STATION HOUSE OFFICER,
     BASAVANAGUDI WOMEN POLICE STATION,
     JAYANAGAR SUB-DIVISION, BENGALURU CITY,
     REPRESENTED BY HCGP,
     HIGH COURT OF KARNATAKA,
     BENGALURU - 560 001.
                                  5




2.   NAMRATA LOGISHETTY
     AGED ABOUT 28 YEARS,
     W/O MR. SANDEEP NAGARANTHAL,
     D/O MR. LOGISHETTY SHRAVAN KUMAR,
     R/AT NO.D-15, VIKRAMPURI,
     OPP. APOLLO HOSPITAL,
     SECUNDRABAD, TIRUMALAGIRI,
     HYDERABAD - 500 009.
                                    ...RESPONDENTS
(BY SMT. ANITHA GIRISH, HCGP FOR R1;
    VIDE ORDER DATED 10/7/2023,
    SRI. MAHESH S., ADVOCATE FOR R2)

     THIS WRIT PETITION IS FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA READ WITH SECTION 482
OF CR.P.C. PRAYING TO CALL FOR THE RECORDS OF IN
CRIME NO.234/2022 OF BASAVANAGUDI WOMEN P.S. ON
TH   FILE     OF     37TH      ADDL.    CHIEF      METROPOLITAN
MAGISTRATE         COURT,   BENGALURU       VIDE    ANNEXURE-A.
QUASH THE FIR AND FURTHER PROCEEDINGS IN CRIME
NO.234/2022,       DATED    04.08.2022,     OF     BASAVANAGUDI
WOMEN       P.S.   ON    THE   FILE    OF   37TH    ADDL.   CHIEF
METROPOLITAN            MAGISTRATE      COURT,       BENGALURU,
(OFFENCES PUNISHABLE UNDER SECTION 506, 498A, 504
OF THE INDIAN PENAL CODE AND UNDER SECTION 3 AND 4
OF THE DOWRY PROHIBITION ACT 1961) VIDE ANNEXURE-
A IN SO FAR AS PETITION CONCERN.


     THESE PETITIONS HAVING BEEN HEARD AND
RESERVED FOR ORDERS ON 28.05.2024 THIS DAY, THE
COURT PRONOUNCED THE FOLLOWING:
                                          6




 RESERVED FOR ORDERS ON: 28.05.2024

 PRONOUNCED ON            : 06.06.2024



                                  ORDER

Writ petition No.19466/2022 is filed by the

petitioner/accused No.1 and 3 for quashing the FIR in Crime

No.234/2022 registered by the Basavanagudi Women Police

Station for the offences punishable under Sections 498-A,

504, 506 of the IPC, 1860 and for the offences punishable

under Sections 3 and 4 of Dowry Prohibition Act, 1961,

(herein after referred as 'DP Act'), whereas, Criminal

Petition No.9216/2022 is filed by petitioners/accused No.2

to 6 and Criminal petition No.264/2024 filed by the

petitioner/accused No.1 for seeking quashing of FIR and

charge sheet in Crime No.201/2022 registered by

Marathahalli Police Station and charge sheet against

accused No.1 for the offences punishable under Sections

384, 306, 506 r/w Section 34 of Indian Penal Code, 1860,

pending on the file of the XXIX Additional Chief Metropolitan

Magistrate Court, Mayohall, Bengaluru.

2. Heard the arguments of Smt.Jayna Kotari,

learned Senior Counsel for Mr.Azhar Meer, learned counsel

appearing for the petitioners in writ petition, Mr.Mahesh.S,

learned counsel for the petitioner in the connected matter

and Smt.Anitha Girish and Smt.Rashmi Patel, learned High

Court Government Pleaders for respondent No.1.

3. The case of the prosecution challenged in the

writ petition is that the respondent No.2/Namrata Logishetty

filed first information to the Basavanagudi Women Police

Station, which is registered in Crime No.234/2022 on

04.08.2022 alleging that she is married to the accused

No.1/Sandeep Nagaranthal on 03.01.2021, in Ramoji Film

City, Hyderabad. During the marriage discussion, the

accused persons have demanded money to arrange the

marriage ceremony at Ramoji Film City, Hyderabad and a

mini Cooper Car worth sum of Rs.55,00,000/-. In addition,

they demanded 200 Kgs of Silver and 4 Kgs gold articles.

On 19.11.2020, her father booked a car by paying the

amount and the car was transferred to Karnataka for

registration. The accused persons also demanded to arrange

rooms at 7 Star Hotel in Ramoji Film City. Her father spent

more than Rs.6 Crores towards three days wedding

celebrations i.e., from 1st January 2021 to 3rd January 2021.

On 07.01.2021, a mini Cooper Car was given to the accused

No.1. It was registered in the name of the accused No.1 and

at the instance of the accused; a joint account was also

opened in Bengaluru. After the marriage, the respondent

came to know that accused No.1 was drug addict. He

started to spend money and also used to abuse the

complainant both physically and mentally and used to come

home and take drugs till early morning 4.00 a.m. - 5.00

a.m. He used to assault her, when she questioned the same.

The parents of the accused No.1 i.e., accused Nos.2 and 3

also supported the accused No.1. Her father used to deposit

money in her account for expenditures, but the same was

utilised by accused No.1. The accused No.1 used to abuse

her in filthy language. The accused No.1 left the house in

the midnight. When the same was brought to the notice of

the accused Nos.2 and 3 i.e., his parents, they also

threatened to kill her and threw her from the house on

01.05.2021. Due to the unbearable physical and mental

torture at the hands of the accused persons, she has

suffered a lot and her parents took her to Telangana. There

were many instances wherein her neighbours have

intervened and protected her. Hence, prayed for taking

action. The police registered the FIR against the three

accused persons i.e., husband, mother-in-law and father-in-

law and after registering the FIR and during the

investigation, the accused No.2/mother-in-law committed

suicide on 30.08.2022. Therefore, accused Nos.1 and 3 have

challenged the FIR and prayed for quashing the FIR.

4. In the other two Criminal petitions filed by the

accused Nos.1 in the case in crime No.201/2022 registered

by Marathahalli Police Station, for the offences punishable

under Sections 384, 506, 306 R/w Section 34 of IPC against

the accused. The accused No.2/mother-in-law of the

complainant in crime No.234/2022 have committed suicide.

Therefore, the accused No.3 is father-in-law of the

complainant filed this complaint against the daughter-in-law

and in-law's of his son.

5. It is alleged by the N.A.Gopinath in his

complaint that his son married the accused No.1/Namrata

Logishetty in Ramoji Film City on 03.01.2021 and she

resided in her parents house and subsequent to the

marriage, the accused No.1/Namrata Logishetty and her

husband i.e., his son were resided separately in

Marathahalli, Balaji layout, in a villa, where the complainant

and his wife was staying Shankarapuram, Bengaluru. His

daughter-in-law was constantly visiting her parents house at

Hyderabad, and she was not interested in living with the

complainant. She was always going to the party and using

the designer clothes and she has left the home by taking

away the diamond and other ornaments on 25.05.2022. His

son/Sandeep Nagarathnal filed a missing complaint on

04.06.2022 and subsequently, they came to know that their

daughter-in-law filed complaint against them. His son also

filed a divorce petition against accused No.1/Namrata

Logishetty and one day, the accused No.6 messaged to the

complainant by demanding the wedding expenses and a

huge amount. He has threatened with dire consequences,

who said to be rowdysheeter engaged by the accused

persons Sri.R. G. Somashekhar Gowda. He threatened to

defame the family reputation and sent messages. After the

divorce notice, the accused person to defame the family of

the complainant humiliated and harassed them by

circulating the information to the electronic and print media.

There were several telecast being broadcasted in various

channels and news paper and a FIR was also registered

against the complainant, his son and wife, due to which his

wife was under depression. Therefore, his wife had talk with

her friends and relatives and informed about the false

allegation, mental torture and blackmail made by the

accused persons. On 30.08.2022, due to the publishing of

the articles in the public print media as well as telecasting

the case against them, his wife committed suicide in the

house. Hence, he has contended accused persons have

abetted the commission of suicide, therefore, prayed for

taking action. After receiving the complaint, the Marathahalli

police registered the FIR in Crime No.201/2022 for the

offences punishable under Sections 306, 384, 506 r/w

Section 34 of IPC.

6. During the course of the investigation, the

accused No.1 to 6 approached this Court for challenging the

FIR. This Court granted stay to the accused No.2 to 6.

Therefore, the police proceeded with investigation and filed

charge sheet against accused No.1/daughter-in-law,

whereas, in view of the stay granted by this Court and

investigation was stalled against the accused Nos.2 to 6. On

reading of both the FIR's. it discloses that it is nothing but a

case and counter case between the same parties.

7. The learned Senior Counsel appearing for the

petitioners in 498A case i.e., accused No.1 and 3 husband

and father-in-law of the complainant/Namrata Logishetty

has contended there is no serious allegation against the

accused persons. The complainant herself left the

matrimonial home on 25.05.2022 by taking the ornaments.

A missing complaint was also filed by the accused

No.1/Sandeep Nagarathnal and later, they came to know

that she was in Hyderabad. The parents/accused Nos.2 and

3 were staying separately from the accused No.1/Sandeep

Nagarathnal. Though the complainant is not interested in

residing with the accused family, she was frequently visiting

her parents house and made false allegations against the

accused persons. Therefore, it is not a fit case for

investigation and to file the charge sheet. He has further

contended that due to the harassment made by the wife of

the accused No.1/Sandeep Nagarathnal and her family,

because of their statement the TV channels published the

case against the accused persons. There was a huge media

coverage stating that the accused No.1 was badly abused

and urinated on the head of the complainant and made false

allegations. Therefore, the image of the family of the

accused persons were damaged, due to which accused No.2

committed suicide on 30.08.2022. A case was registered

against the wife and her parents and others. Therefore, it is

not a fit case to investigate the matter and prayed for

quashing the FIR.

8. Per contra, learned counsel for the respondent

Mahesh S. appeared and objected the petition contending

that the father of the complainant spent more than Rs.6

Crores towards the marriage expenditures, even 200 KGs

silver articles and 4 Kgs gold ornaments which was still

laying with the accused persons. The accused have

demanded a mini Cooper car, which was given to the

accused No.1/Sandeep Nagarathnal. Since, the complainant

do not have any ID proof at Bengaluru for the purpose of

registration, hence, the mini Cooper car was registered in

the name of the accused No.1/Sandeep Nagarathnal and

the police seized the mini cooper car. The accused person

filed application before the Magistrate and obtained the

interim custody of the mini cooper car, still the car is with

the accused persons. Thereby they have committed the

offence under Section 6 of the DP Act, 1961. There was

huge demand of dowry articles prior to the marriage they

received and after the marriage, there was physical and

mental abuse on the complainant. There is cognizable case

made out for investigating the matter and prayed for

dismissing the petition.

9. Learned High Court Government Pleader/Anita

Girish appeared for the state in writ petition No.19466/2022

also objected the petition contending that there were huge

golden ornaments, diamond ornaments and silver articles

given to the accused persons, as per their demand, a car

also given, which was in custody of the accused persons.

There was continuous harassment on the complainant both

physically and mentally. The accused No.1/Sandeep

Nagarathnal urinated on the head of the complainant, which

was mentioned in the complaint. There is sufficient material

and ingredients made out in the complaint for cognizable

offence committed by the accused persons. The accused

abused the complainant physically and mentally, and thrown

out the complainant from the house in the midnight.

Therefore, prayed for dismissing the writ petition and

praying for police to investigate the matter.

10. As per the allegation made in the complaint by

the complainant/Namrata Logishetty as against the accused

No.1 to 3, reveals that there was a demand of dowry prior

to the marriage and the accused persons also demanded to

conduct the marriage ceremony in Ramoji Film City. The

parents of the complainant spent more than Rs.5 crores

towards the marriage expenditures. They arranged the

rooms for accused persons and their relatives in 7 star

hotel. There was demand of further 200 KGs of silver

articles, 4 KG gold ornaments, apart from mini cooper car,

which was given by the complainant father. Subsequently,

though the accused No.1 and the complainant resided in

Marathahalli, Balaji layout in a villa but the accused No.1/

Sandeep Nagarathnal always used to come late night and

used to have drug till late morning. When the same was

questioned, he used to abuse her in filthy language and

assault her. When the same was brought to the notice of his

parents they also supported their son and on 01.05.2021,

the accused No.1/Namratha Logishetty said to have left the

house in the midnight. Subsequently, she has went to the

house of accused Nos.2 and 3 and informed, but they also

supported their son and abused her in filthy language and

threw out the complainant in the midnight on 01.05.2021.

Subsequently, the complainant went back to her parents'

house at Telengana. It is seen from the complaint that

there is ingredients made out against the accused persons

for conducting the investigation by the police. During the

course of the argument, the learned senior counsel also not

seriously contested the petition for quashing the FIR and

submitted ready to go for investigation and trial.

11. Considering the ingredients on the fact of the

case, in my view, it is not a fit case for quashing the FIR.

When lot of materials and demand of dowry prior to the

marriage and demand of dowry after the marriage, a mini

cooper car demanded and obtained by the accused persons

and even after registering the FIR the police seized the mini

cooper car but the accused persons filed application and

obtained the interim custody and kept the mini cooper car in

their house. That itself is a offence punishable under Section

6 of the Dowry Prohibition Act and as per the contention of

the complainant, huge golden ornaments, silver articles and

other properties were left with the accused persons that was

not yet recovered by the police and there is clear a demand

of dowry and receipt of dowry attracts Section 3 and 4 of

Dowry Prohibition Act, 1961, apart from Section 6 of DP Act.

There was harassment continuous by the accused persons

which attracts 498-A, 504 and 506 of IPC. Therefore, matter

required for investigation and therefore, the writ petition

filed by the petitioner is liable to be dismissed.

12. As regards to the two criminal petitions filed by

the accused Nos.1 to 6 in respect of Crime No.201/2022

regarding 306 of IPC, wherein the accused No.2 in the 498A

case has committed suicide on 30.08.2022 after viewing the

telecasting of the Dowry harassment case by the TV

channels and paper publication. The learned Senior counsel

appearing for the complainant has also produced the TV

news paper extracts, where the TV channels published the

story of the complaint made by the accused No.1 for the

offence under Section 498A of IPC. Then various channels

like TV9, published regarding marriage expenditures,

spending huge amount by the accused No.1/Namrata

Logishetty and her parents and subsequently, harassment of

dowry and humiliating on the head of the accused No.1 by

the son of the complainant and it is not in the dispute that

the television channels published the news items and the

same was viewed by the wife of the complainant i.e.,

mother-in-law of the accused No.1/Namrata Logishetty and

she has committed suicide by living a death note. Of course

the police have investigated and filed a formal charge sheet

against the accused No.1. Since, there is no stay granted by

this Court and learned counsel for the petitioner Mahesh S,

has contended that there is no material produced before the

Court to show the accused were abetted the deceased to

commit suicide in order to attract the provisions of Section

107 of IPC and there is no ingredients to investigate the

matter and the TV channel, CDR records, CD are not

produced before the Court. Therefore, it is contended that

there is no material evidence against the accused persons

for having abetted the deceased to commit suicide,

therefore, prayed for quashing the FIR against the other

accused and charge sheet against the accused No.1.

13. Smt. Jayna Kotari, learned Senior counsel

objected the petition contending that there is lot of

ingredients made out in the complaint. The false allegation

made by the complainant in the FIR. It was published by the

news channels, thereby the wife of the complainant

committed suicide and the matter is required for

investigation. Hence, prayed for dismissing the petition.

14. Learned counsel for the petitioner also

contended merely because a criminal complaint has been

filed by the daughter-in-law, which was published in the

news articles, that itself is not a ground for registering the

FIR against the daughter-in-law for having committed

suicide by the mother in law. Therefore, prayed for quashing

the FIR. Both the counsels relied upon the various

judgments of the Hon'ble Supreme Court and judgment of

the co-ordinate bench of this Court in respect of quashing

the FIR and charge sheet for the offence punishable under

Section 306 of IPC.

15. Having heard the arguments and perusing the

records, which reveals of course it is not in dispute that the

accused No.1 filed a dowry case against the deceased, her

husband and father-in-law, which is registered by the

Basavangudi police for offence punishable under Sections

498-A, 504, 506 of IPC and Sections 3 and 4 of Dowry

Prohibition Act. It is also not in dispute that the TV news

channels published the complaint and the abuses suffered

by the complainant in the matrimonial house which was

viewed by the accused persons especially accused No.2

mother-in-law and subsequently, she felt that it is insult to

her family and went in depression and committed suicide.

Whether the accused persons have abetted the deceased to

commit suicide will have to bring under Section 107 of IPC

which is required to be considered. Of course the copy of

the documents produced by the learned senior counsel

reveals the news items were published both TV channel and

print media. The police already filed charge sheet against

the accused No.1. Ofcourse the allegation against the

accused No.6 that he is said to have demanded some

money in favour of the accused No.1 and said to have sent

messages which is also produced before the Court. There is

a suicide note left by the deceased making allegations

against the accused persons. The learned senior counsel

also contended that the police were half way in the

investigation and they filed only preliminary charge sheet

against the accused No.1. The further investigation is still

pending, when they will file additional charge sheet under

Section 173(8) of Cr.P.C. Therefore, submitted to allow the

police to further investigate the matter.

16. Learned High Court Government Pleader-

Rashmi Patel also objected the petition and contended that

the ingredients made out in the complaint attracts Section

306 of IPC and 384 of IPC. The matter is required for

investigation.

17. Considering the fact and circumstances, it is

nothing but a case and counter case between the two

parties. One complaint filed by the daughter-in-law against

the husband and parents-in-law and another complaint for

306 of IPC filed by the father-in-law for the death of the

mother-in-law against the daughter-in-law and other in-

law's. Ofcourse, it is well settled by the Supreme Court if the

ingredients under Section 107 of IPC is not attracted, the

Court can exercise the power under Article 226 or 227 of

constitution r/w Section 482 of Cr.P.C. and quash the

criminal proceedings if it is committing abuse of process of

law. I gone through the judgment relied by both the

counsels and however, looking to the facts and

circumstances and in view of the NEEHARIKHA

INFRASTRUCTURE PVT. LTD. VS. STATE OF

MAHARASHTRA reported in 2021 SCC ONLINE SC 315

where the Hon'ble Apex Court has held that the Court

cannot ordinarily interfere in the investigation when the

cognizable offence is made out and allow the police to

investigate the matter.

18. Considering the facts and circumstances of the

case, I am of the view that the police has permit to

investigate the matter and file the final report against the

accused persons after thorough investigation. The disputed

facts are there and once the police have already filed a

charge sheet against the accused No.1 and they are kept

pending for the further investigation and it was stalled

because of the stay granted by this Court for further

investigation, the police is unable to secure the CD from the

television channels and print media and also record the

statement of the other witnesses. Such being the case, it is

not fit case for quashing the FIR or charge sheet against the

accused persons at this stage and however, the liberty to

challenge the same after filing the final report against the

accused persons 1 to 6 in future.

19. Considering the same, I pass the following

order.


                                  ORDER

     i.     Writ petition No.19466/2022 filed by the

            accused Nos.1 and 3 for quashing the FIR,

            registered      by         the     Women       Police

            Basavanagudi,        in    Crime   No.234/2022      is

            hereby dismissed.

     ii.    The police is permitted to investigate the

            matter and file a final report.

     iii.   Criminal     Petition      No.264/2024      filed   by

            accused      No.1         and    Criminal    Petition







              for quashing the charge sheet and FIR in

respect of Crime No.201/2022, registered by

Marathahalli police, are hereby dismissed,

permitting the police to go for the further

investigation and file final report.

to approach the Court by filing a fresh

petition by challenging the charge sheet, if

any, filed against them.

Sd/-

JUDGE

AMA CT:SK

 
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