High CourtsSingle Bench(2011) 01 KAR CK 0216

Sri H.S. Bedi, Smt. Avneet Bedi and Bani Bedi vs Station House Officer, While Field Police Station Bangalore and Others

Karnataka High Court · Decided on 5 January 2011

HON’BLE JUDGES
B.S. Patil, J
CASE NUMBER
Writ Petition No''s. 31454 - 456 of 2010 (GM - POLICE)

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Judgment

4 paragraphs · 382 words

B.S. Patil

1.

In these writ petitions, petitioners are seeking to iluash the complaint registered by the 1st respondent Station House Officer, White Field Police Station, Bangalore, oo. 2.,9.2010 in Crime No,215. A direction is also sought against. respondents 1 to 4 to follow the procedure laid down in the Karnataka Police Manual and the Karnataka Police Act, 1.963 before registering the complaint of any cognizable offence under the Indian Penal Code. The offence alleged is under Sections 406 and 420 IPC. The contention of the petitioners in these writ petitions is that there was no case made out for any offence punishable under. Section:- 406 or. 420 IPC and therefore the entire procedure followed by the respondent-authorities in registering the complaint. is illegal.

2.

It is seen from the petition averments and the pleadings ''that the controversy leading to these writ, petitions is on account of the omission on the part of the petitioners in not settling the dues payable to respondents 5. 6 and 7. In view of the subsequent developments and in the light of the memci fiiled by respondents 5, 6 and 7 before this Court on 30.11:2010 reporting that cheques have been issued in theft favour by the petitioner - Company IDEB Buildcon Private Limited and that subject to the said cheques being honoured, the writ. petition may be dismissed, I do not find any need to proceed with these" writ petitions nor is there any need kirthe investigating agency to proceed with the investigation Lif the offence alleged. Hence, in the light of the memo filed by respondents-5, 6 and 7 on 30.11.20.10 and taking note of the issued cheques by the Company in favour of respondents 5,: 6 & 7, these writ petitions are disposed of making it clear that the investigating agency shall take note of this order and close the investigation to avoid wastage of public time.

3.

It would be however open to respondents 5, 6 and 7 to initiate appropriate action in accordance with law against the petitioners or the IDEB Buildeon Private Limited if the cheques f=! not honoured. In view of the order passed in the main matter, Misc.W. 1208/201.0 filed for vacating the interim order does not survive for consideration. Accordingly, the same is disposed of as infructuous.