Khaleem and Another vs State of Karnataka and Others

B.V. Pinto, J.—Order dated 2-2-2010 passed by the learned Single Judge of this Court in Writ Petition Nos. 2962 to 2971 of 2010 holding that the appellants are required to file criminal petition u/s 482 of the Criminal Procedure Code, 1973 to seek the relief of quashing the proceedings, the appellants have filed this appeal questioning the correctness of the same. We have heard the learned Counsel for the appellants and the learned Additional Government Advocate.

It is seen that criminal case has been filed against the appellant in Crime No. 217 of 2009 of Udayagiri Police Station of Mysore City.

Appellants have sought for quashing the said FIR in the writ petition urging various grounds. The proceedings which are commenced from the registration of FIR will be the subject-matter of criminal proceedings before the Criminal Court can be challenged in a petition u/s 482 of the Cr.P.C. No doubt, the writ petition under Article 226 of the Constitution of India is also maintainable in law. But it would be more appropriate for the appellants to approach this Court on criminal side in the proceedings of criminal nature. It is under such circumstances that the learned Single Judge has taken a view that the accused in a criminal proceeding are required to file criminal petition seeking to quash the proceedings.

In this case the appellants have also filed a charge-sheet and the case is numbered as C.C. No. 799 of 2009.

We find no ground to differ from the view taken by the learned Single Judge and consequently this appeal is devoid of merit and the same is dismissed.