M.S. VENU S/O LATE M.V. SUBRAHMANIAN Vs. THE STATE OF KARNATAKA BY THE STATION HOUSE OFFICER REP. BY PUBLIC PROSECUTOR, THE CHAMARAJPET POLICE AND SRI. P. ACHUTHAN KUTTY

JUDGEMENT

(1.) THOUGH this matter is listed today for admission, it is taken for final disposal by the consent of Sri. Fahad M Ali, the learned Counsel for the petitioner -accused and Sri. Vijaykumar Majage, the learned High Court Government Pleader. The petitioner herein who is the only accused in FIR No. 39/2010 of Chamarajpet Police Station, Bangalore, which is pending on the file of the learned I Additional Chief Metropolitan Magistrate, Bangalore, has sought for quashing of the investigation in the said case.

(2.) THE said FIR came to be issued against the present petitioner for the offences punishable under Sections 420, 417, 465, 471, 467 of IPC and also under Sections 74, 67 and 67A of Information Technology Act, 2000. The said crime came to be registered for the said offences on the basis of the complaint filed by 3rd respondent herein, namely. Sri. P. Achuthan Kutty resident of Chamrajpet, Bangalore.

(3.) PER Contra, Sri. Vijaykumar Majage, the learned High Court Government Pleader, contends that the averments in the said complaint, taken at their face value, constitute the offences punishable under Sections 420, 417, 465, 471 and 467 of IPC and the offences under Information Technology Act for which FIR has been registered and therefore the investigation cannot be quashed at the threshold.