VARAPRASAD REDDY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused No.1 under Sec. 482 of Cr.P.C. for quashing the FIR in Crime No.38/2015 registered by Basavanagudi Police Station for the offence punishable under Sec. 307 read with Sec. 34 of IPC, pending on the file II Additional Chief Metropolitan Magistrate, Bengaluru, now pending on the file of XXXVII Additional Chief Metropolitan Magistrate, Bengaluru and also the order dtd. 18/3/2021 passed by the said Court.

(2.) Heard the arguments of learned Senior Counsel for the petitioner, learned High Court Government Pleader for respondent No.1-State.

(3.) The case of the petitioner is that on the complaint of respondent No.2, the police registered an FIR in Crime No.38/2015 on 1/2/2015 against the petitioner and another for the aforesaid offences. After investigation, the police said to have filed 'C' final report before the Magistrate on 30/6/2015 and the said 'C' final report has been accepted by the Magistrate on 27/4/2017. Subsequently, after 61/2 years, the Police Sub Inspector moved requisition on 18/3/2021 for further investigation which came to be allowed by the Magistrate without giving proper reason. There is no order passed by the Magistrate for granting any permission to investigate the matter and without any permission of the Magistrate, the police took up the investigation. Hence, challenging the same, the petitioner is before this Court.