ANILKUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners have filed the present petition under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter for brevity referred to as "the Cr.P.C ."), seeking quashing of the charge sheet and the criminal proceedings in C.C.No.1804/2016 (Crime No.69/2012 of Mahadevapura Police Station), for the offence punishable under Sec. 409 read with Sec. 34 of the Indian Penal Code, 1860 (hereinafter for brevity referred to as "the IPC "), which is said to be pending on the file of the learned 3rd Additional Metropolitan Magistrate, Bengaluru City.

(2.) When the matter came up before the Court, it was noticed that the very same petitioners for the very same prayer, had earlier filed a similar petition under Sec. 482 Cr.P.C. in Criminal Petition No.8488/2016, which came to be dismissed for non-prosecution by the order of this Court dtd. 9/3/2021. In view of the same, the Court requested the learned counsel for the petitioners to make a submission regarding the maintainability of the present petition which is admittedly a second similar petition by the very same petitioners for the very same relief.

(3.) Heard the argument of the learned counsel for the petitioners, who, in his argument, submitted that the second similar petition under Sec. 482 of the Cr.P.C. is maintainable. In his support, he relied upon two decisions of the Hon'ble Apex Court.