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Cites 3 docs
Section 173(8) in The Code Of Criminal Procedure, 1973
Section 482 in The Code Of Criminal Procedure, 1973
Section 498A in The Indian Penal Code

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Karnataka High Court
Vishal Garg vs State Of Karnataka on 19 February, 2014
Author: S.N.Satyanarayana
                                   1




     IN THE HIGH COURT OF KARNATAKA AT BANGALORE

       DATED THIS THE 19TH DAY OF FEBRUARY 2014

                                 BEFORE

      THE HON'BLE MR. JUSTICE S.N.SATYANARAYANA

           CRIMINAL PETITION NO.1034 OF 2014

BETWEEN:

Vishal Garg,
S/o Mahendra Kumar Garg,
Aged about 33 Years,
R/o No.382, Sector - 2,
Chiranjiv Vihar, Ghaziabad,
UTTAR PRADESH - 201 002.                        .. PETITIONER.
(Petitioner - Party-in-person)

AND:
1.     State of Karnataka,
       Represented by
       Koramangala Police Station,
       BANGALORE - 560 095.
2.     Seema Mittal,
       D/o Ishwar Saran Mittal,
       Aged about 31 Years,
       R/o 247, 12th Main,
       4th Block, Koramangala,
       BANGALORE - 560 034.                 .. RESPONDENTS.
       (By Sri.M.Narayana Reddy,
                   SPP for R-1)

                            *-*-*-*-*-*-*
                                2




      This petition is filed under Section 482 of the Code of
Criminal Procedure, praying to direct the 8th Additional CMM
at Bangalore, to call for the progress report/status
report/action taken report (ATR) and the investigated
additional report in reference to further investigation under
Section 173(8) of Cr.P.C., on the basis of the reply of the
police dated 12.03.2013 in C.C.No.9005/2011, by allowing
the petition.

     This petition coming on for Admission this day, the
Court made the following:

                          ORDER

Petitioner herein is accused in C.C.No.9005/2011 which is initiated pursuant to Crime No.473/2010 registered with Koramangala Police Station.

2. It is the case of the petitioner that he is charged with offence punishable under Section 498-A of IPC. According to him, second respondent has initiated the said proceedings to cover up her illicit relationship with one Ashish Goel, who has committed suicide on 23.06.2010 which matter was under investigation in Crime No.453/2010 of Myco Layout Police Station, wherein "B" report is said to have filed holding that the death of Ashish Goel is suicide and not due to any criminal act involving his wife, Ruchi Goel. 3

3. The petitioner herein relying upon the materials available on record in Crime No.453/2010 tried to substantiate that his wife, second respondent - Seema Mittal was having illicit relationship with Ashish Goel, which resulted in Ashish Goel committing suicide. According to petitioner, his wife Seema Mittal, to conceal her involvement resulting in the suicidal death of Ashish Goel, has falsely implicated the petitioner in false case by filing a complaint in Crime No.473/2010 before the Koramangala Police Station alleging that there is dowry harassment to her by her husband, petitioner herein.

4. It is also his case that on a petition filed by him before the Director General of Police, an order was passed for re- investigation into the allegations made in Crime No.473/2010, which is passed under Section 173(8) of Cr.P.C., and according to him Koramangala Police, who has taken up further investigation into the matter pursuant to order passed under Section 173(8) of Cr.P.C., have not submitted their report before the VIII ACMM, Bangalore, 4 where C.C.No.9005/2011 is pending consideration. Hence, the petitioner has come up in this petition seeking certain directions to VIII ACMM, Bangalore.

5. In this proceeding, petitioner, Sri.Vishal Garg, was heard in person and on behalf of the State, learned SPP, Sri.M.Narayana Reddy submitted that the investigation which was taken up by Koramangala Police pursuant to an order passed under Section 173(8) of Cr.P.C., is nearing completion and report would be filed by the 1st respondent within a short while into the Court, where C.C.No.9005/2011 is pending.

6. The said submission of the learned SPP is taken on record and this petition is disposed of with a direction to VIII ACMM, Bangalore, to take into consideration the report to be submitted by the Koramangala Police pursuant to order passed under Section 173(8) of Cr.P.C., for further investigation.

Sd/-

JUDGE.

AGV.