High CourtsDivision Bench(2010) 03 KAR CK 0144

Syed Abdulla Nadeem @ Syed Abdulla, Apsar Pasha and Abdul Lathif vs The State of Karnataka and Dr. V.S. Acharya, Hon''ble Home Minister of Karnataka

Karnataka High Court · Decided on 22 March 2010

HON’BLE JUDGES
V. Gopala Gowda, J · B.V. Pinto, J
RESULT
Dismissed
CASE NUMBER
Writ Appeal No''s. 661-663 of 2010

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Judgment

4 paragraphs · 249 words

B.V. Pinto, J.—Order dated 01.02.2010 passed by the learned Single Judge of this Court in Writ Petition Nos. 2924-2961/2010 holding that petitioner are required to file Criminal Petition u/s 482 Cr.P.C to seek quashing of all the proceedings, the appellant have filed this appeal. We have heard the learned Counsel for the appellants and the learned Additional Government Advocate.

2.

It is seen that criminal case has been filed against the appellants in crime No. 283/2009 under Sections 143, 147, 148, 114, 332, 341, 353, 307, 153(A) r/w 149 IPC of Narasimharaja police station of Mysore City.

3.

Appellants have sought for quashing the said FIR in the Writ Petition on various grounds. The proceedings which are commenced from 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 Cr.P.C. No doubt, the petition under Article 226 of the Constitution of India challenging such proceedings is also is maintainable in law. But it would be more appropriate for the appellants to approach this Court on criminal side in the proceeding 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 to seek quashing of the proceedings.

4.

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.