Case Note & Summary
The writ petition was filed by the petitioners seeking quashing of an order dated 20.03.2017 passed by the 56th Additional City Civil and Sessions Judge at Bangalore in Criminal Misc No. 2304/2013. The matter arose out of a fake surety created on the property of the petitioner, and the property was brought to sale due to default by the accused in the criminal matter. During the hearing, the learned counsel for the petitioner submitted that the petitioner had expired and there was none to prosecute the matter. The court noted that though no relief could be granted to the petitioner as such, the issue raised by the petitioner being of general importance, it would be required of this court to issue certain general directions. The court then issued general directions regarding fake sureties in criminal cases.
Headnote
A) Criminal Procedure Code - Fake Surety - General Directions - Sections 441, 442, 445, 446, 446A, 389, 437, 439 of Code of Criminal Procedure, 1973 - The petitioner had expired and there was none to prosecute the matter, but the court considered the issue of fake surety of general importance and issued general directions to prevent fake sureties in criminal cases. (Paras 1-4)
Issue of Consideration
Whether the court can issue general directions regarding fake sureties in criminal cases when the petitioner has expired and no relief can be granted to the petitioner.
Final Decision
The court dismissed the petition as abated due to the death of the petitioner, but issued general directions regarding fake sureties in criminal cases.
Law Points
- Fake surety
- Criminal Procedure Code
- 1973
- Section 441
- Section 442
- Section 445
- Section 446
- Section 446A
- Section 389
- Section 437
- Section 439
- Writ of Certiorari
- Articles 226 and 227 of Constitution of India
Case Details
2022 LawText (KAR) (09) 42
WP No. 8524 of 2019 (GM-RES)
Sri. Venkatesh P. Dalwai (for petitioners), Smt. Namitha Mahesh, HCGP (for respondents)
State of Karnataka by Ashok Nagar Police Station, Bangalore-1 and State of Karnataka by Halasurugate Police Station, Bangalore-1
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Nature of Litigation
Writ petition under Articles 226 and 227 of Constitution of India seeking quashing of order dated 20.03.2017 passed by the 56th Additional City Civil and Sessions Judge at Bangalore in Criminal Misc No. 2304/2013.
Remedy Sought
Petitioners sought a writ of certiorari quashing the order dated 20.03.2017 and allowing the application.
Filing Reason
The matter arose out of a fake surety created on the property of the petitioner, and the property was brought to sale due to default by the accused in the criminal matter.
Previous Decisions
Order dated 20.03.2017 passed by the 56th Additional City Civil and Sessions Judge at Bangalore in Criminal Misc No. 2304/2013.
Issues
Whether the court can issue general directions regarding fake sureties in criminal cases when the petitioner has expired and no relief can be granted to the petitioner.
Submissions/Arguments
Learned counsel for the petitioner submitted that the petitioner has expired and there is none to prosecute the above matter.
Ratio Decidendi
The court held that though no relief can be granted to the petitioner as such, the issue raised being of general importance, it is required to issue certain general directions regarding fake sureties in criminal cases.
Judgment Excerpts
Though no relief can be granted to the petitioner as such, the issue raised by the Petitioner being of general importance, it would be required of this court to issue certain general directions.
The above matter having arisen out of a fake surety which had been created on the property of the petitioner and the said property having been brought to sale on account of default by the accused in the criminal matter...
Procedural History
The writ petition was filed in 2019. During hearing, the petitioner's counsel informed that the petitioner had expired. The court noted the submission and proceeded to issue general directions on the issue of fake surety.
Acts & Sections
- Code of Criminal Procedure, 1973: 441, 442, 445, 446, 446A, 389, 437, 439
- Constitution of India: 226, 227
