Karnataka High Court
Fayaz Baig @ Faiz Ahammed vs The State Of Karnataka on 18 April, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2024:KHC:15718
CRL.P No. 3043 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 3043 OF 2024
BETWEEN:
1. FAYAZ BAIG @ FAIZ AHAMMED,
S/O M ABDUL GANI BAIG,
AGED ABOUT 39 YEARS,
RESIDING AT #1ST MAIN ROAD,
2ND CROSS, TIPPU NAGAR, HARIHARA,
DAVANGERE - 574 601.
2. SHAFIULLA @ SHAFFIULLA,
S/O KHALANDAR SAB,
AGED ABOUT 48 YEARS,
RESIDING AT 1ST MAIN 1ST CROSS,
BENKINAGARA, HARIHARA,
DAVANAGERE - 574 601.
Digitally
signed by 3. MOHAMMED AZMATH ULLA @
PAVITHRA N
Location: MAMMED HAZMATHULLA,
High Court of
Karnataka S/O ATHAULLA B.,
AGED ABOUT 38 YEARS,
RESIDING AT 2ND MAIN, 4TH CROSS,
HAMSAGARA COMPOUND,
DAVANAGERE - 574 601.
...PETITIONERS
(BY SRI. B. LETHIF, ADVOCATE)
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NC: 2024:KHC:15718
CRL.P No. 3043 of 2024
AND:
1. THE STATE OF KARNATAKA
BY HARIHARA TOWN POLICE STATION,
DAVANAGERE,
REP. BY SPP, HIGH COURT BUILDING,
BANGALORE - 560 001.
2. YASEEN ULLA,
ASSISTANT SUB INSPECTOR,
HARIHARA TOWN POLICE STATION,
HARIHARA TOWN,
DAVANGERE - 574 234,
REP. BY SPP,
HIGH COURT BUILDING,
BANGALORE - 01
...RESPONDENTS
(BY SMT. YASHODHA K.P., HCGP)
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO
QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.1224/2021
(CR.NO.172/2020) OF HARIHARA TOWN POLICE STATION,
DAVANAGERE DISTRICT FOR THE OFFENCE P/U/S 505(2) AND
201 R/W 34 OF IPC AND SEC. 3 OF KARNATAKA OPEN PLACE
DISFIGUREMENT ACT ON THE FILE OF I ADDITIONAL CIVIL
JUDGE AND J.M.F.C., HARIHARA.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC:15718
CRL.P No. 3043 of 2024
ORDER
Accused Nos.1 to 3 are before this Court with a prayer to quash the entire procedures in C.C.No.1224/ 2021 pending before the Court of I Addl. Civil Judge and JMFC, Harihara arising out of Crime No.172/2020 registered by Harihara Town Police Station, Davanagere for the offence punishable under Section 505(2) of IPC and Section 3 of the Karnataka Open Place Disfigurement Act, 1951 & 1981 ( for short, 'KOPD' Act).
2. Learned counsel for the petitioner submits that there is no compliance of requirements of Section 196 of Cr.P.C, in the present case. He also submits that requisite notification under Section 3 of the KOPD Act has not been issued notifying Harihara as the covered area. Therefore, he prays to allow the petition.
3. Per contra, learned HCGP has opposed the petition.
4. The material on record would go to show that charge sheet has been filed in the present case against the -4- NC: 2024:KHC:15718 CRL.P No. 3043 of 2024 accused for the offence punishable under Section 505(2) of I.P.C, Sanction under Section 196 of Cr.P.C, is mandatory for taking cognizance for the offence punishable under Section 505(2) of Cr.P.C,
5. The material on record would go to show that the prosecution has failed to obtain any sanction from the competent authority and therefore the trial Court could not have taken cognizance of the offence punishable under Section 505(2) of IPC against the petitioner. In addition to the same, it is not in dispute that notification under Section 3 of the KOPD Act has not been issued notifying Harihara as a covered area for the purpose of KOPD Act. Under the circumstance, I am of the opinion that the impugned proceedings cannot be sustained.
6. Accordingly, the petition is allowed.
7. The entire proceedings in C.C.No.1224/ 2021 pending before the Court of I Addl. Civil Judge and JMFC, Harihara arising out of Crime No.172/2020 registered by -5- NC: 2024:KHC:15718 CRL.P No. 3043 of 2024 Harihara Town Police Station, Davanagere for the offence punishable under Section 505(2) of IPC and Section 3 of the Karnataka Open Place Disfigurement Act, 1951 & 1981 is hereby quashed.
Sd/-
JUDGE KK