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2022 DIGILAW 1108 (KAR)

B R Shiva Murthy v. State of Karnataka

2022-08-25

M.NAGAPRASANNA

body2022
JUDGMENT 1. The petitioners are common in both these petitions, so are the allegations. WP No. 2375 of 2022 C/W CRL.P No. 78 of 2022 2. The learned counsel for the petitioners Sri.Tajuddin, places on record the charge sheet filed by the Police on 29.07.2022 in which the first petitioner has been dropped from the array of charges finding no evidence against him in the investigation. Column No.14 of the charge sheet reads as follows: 3. The learned HCGP would endorse the submission made as it is borne out of the record that accused No.4, the petitioner herein has been dropped from the array of accused in the charge sheet. 4. In the light of this subsequent development, nothing further would survive for consideration in the case at hand, as the challenge in these petitions was to the crime registered against the first petitioner, who has made accused No.4 both these cases. 5. In the light of the subsequent development of the first petitioner being dropped from the array of accused in the charge sheet, the challenge so raised by the petitioner is WP No. 2375 of 2022 C/W CRL.P No. 78 of 2022 rendered infructuous and the petitions are disposed as having rendered infructuous, as no orders need be passed at this juncture. 6. At this juncture, learned counsel for respondent Nos.3 and 4 - Corporation, Sri H.M. Muralidhar, would seek to submit that the police could not have filed a final report before the concerned Court without producing the FSL report as was observed in the interim order granted by this Court and would insist that if the disputed signatures are not sent to FSL, the same should be sent on a direction by this Court. 7. In the light of the aforesaid circumstance and the submission of the learned counsel for respondent Nos.3 and 4 - Corporation, I deem it appropriate to direct the disputed signatures to be sent to the FSL and its report be filed before the concerned Court, within an outer limit of three months from the date of the receipt of the copy of this order. In the event, the report of the FSL generates that the signature is forged, further action shall be taken by the concerned Court, concerning the petitioners in accordance with law, notwithstanding the fact that they are dropped from the array WP No. 2375 of 2022 C/W CRL.P No. 78 of 2022 of charges. Till such time, no action prejudicial to the interest of the petitioners shall be taken by respondent Nos.3 and 4 - Corporation on account of pendency of the report from the FSL. All contentions of all the parties to the lis are kept open. 8. With the aforesaid observations, these petitions stand disposed.