IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

DATED THIS THE 16TH DAY OF FEBRUARY 2016

BEFORE

THE HON'BLE MR. JUSTICE S.N. SATYANARAYANA

CRIMINAL PETITION NO.10149/2011

BETWEEN:

• 1. H. N. PREMAKUMAR S/O PRASANTH KUMAR AGE: ABOUT 66 YEARS, NO. 25, AMAR TOWERS, 1ST CROSS, GANDHINAGAR, BENGALURU.
• 2. H. P. AMAR S/O H. N. PREMKUMAR AGE: ABOUT 38 YEARS, NO. 25, AMAR TOWER, 1ST CROSS, GANDHINAGAR, BENGALURU

.. PETITIONERS

(BY SRI GIRISH A. YADWAD, ADVOCATE, FOR SRI V P KULKARNI, ADVOCATE.)

AND:

• 1. THE STATION HOUSE OFFICER, HOSPET EXTENSION POLICE STATION, HOSPET, BELLARY, REP. BY SPP STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD.
• 2. K. N. NANDINI W/O K. V. NAGARAJ AGE: 33 YEARS, PROP. M/S SWASTIK STEELS,

DAM ROAD, HOSPET, BELLARY

.. RESPONDENTS

(BY SRI RAJA RAGHAVENDRA NAIK, HCGP.)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH P.C.NO.66/2010, ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC, HOSPET, AND CONSEQUENTLY QUASH FIR NO.52/2010, INITIATED FOR THE OFFENCE PUNISHABLE UNDER SECTION 405, 406, 415, 420 OF IPC, BY THE 1ST RESPONDENT POLICE, ETC.,.

THIS PETITION COMING ON FOR FINAL HEARING THIS DAY, THE COURT PASSED THE FOLLOWING:

ORDER

A private complaint in P.C.No.66/2010, on the file of Addl. Civil Judge and JMFC, Hosapete, is initiated by the 2nd respondent making certain accusation against petitioners herein which are punishable under Section 405, 406, 415 and 420 of IPC.

2. Admittedly in the said private complaint in P.C.No.66/2010 the matter is referred to Circle Inspect of Police, T.B.Dam, Hosapete, for investigation under Section 156(3) of Cr.P.C., and the report was awaited as on 15.12.2010. In the meanwhile the present petition is filed and it is seen that immediately after petitioners herein coming to this Court seeking quashing of the proceedings, order of stay was granted on 3.3.2011. By virtue of this interim order no investigation is carried out. Now we are in the year 2016. For more than five years absolutely for no reason the investigation is stalled. Therefore the same situation cannot be allowed to be continued.

3. In that view of the matter the present petition which is filed seeking quashing of the order directing investigation is not maintainable. In any event as time and again this Court has observed that wherever private complaint is filed and where the Magistrate is satisfied that there is sufficient material for investigation into the

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allegations or accusations made against the accused person in the said proceedings, investigation is compulsory. Before the investigation is complete, it is not proper for any Court to meddle with the proceedings. Unfortunately in the instant case order of stay which was granted on 3.3.2011 has literally pushed this matter for six years without there being any progress in the matter.

4. In that view of the matter this Court feel that the present petition is required to be dismissed. While doing so, the CPI, T.B.Dam Circle, Hosapete, is directed to commence the investigation immediately and file final report within 60 days therefrom, before the jurisdictional Magistrate. With such observation this petition is dismissed.

Sd/- JUDGE

Mrk/-

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