Karnataka High Court
Pradeep Kumar And Anr vs The State Of Karnataka And Anr on 20 June, 2023
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2023:KHC-K:1276
CRL.P No. 200616 of 2023
IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
DATED THIS THE 20TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 200616 OF 2023 (482-)
BETWEEN:
1. PRADEEP KUMAR, S/O MARUTHI
AGE. 24 YEARS, OCC. LEGAL PRACTITIONER
R/O MUTTANGI,TQ CHITAGUPPA DIST BIDAR 585227
2. UMKANTH S/O SABANNA KOTGERA
AMBEKAR NAGAR GAJARKOT, VTC GAJARKOT,
TQ AND DIST YADAGIR 585214
...PETITIONERS
(BY SRI. B BHIMASHANKAR,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH STATION BAZAR POLICIE STATION,
KALABURAGI TQ AND DIST KALABURAGI
REPRESENTED BY SPECIAL PUBLIC PROSECUTOR HIGH
COURT BUILDING, KALABURAGI 585102
Digitally signed 2. RAJKUMAR H C, 155 STATION BAZAR POLICE
by LUCYGRACE
STATION KALABURAGI
Location: HIGH
COURT OF
KARNATAKA ...RESPONDENTS
(BY SRI SHARANABASAPPA M PATIL, HCGP)
THIS CRL.P FILED U/S.482 OF CR.P.C. BY THE ADVOCATE FOR
THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE
PLEASED TO QUASH THE IN SO FAR AS PETITIONERS FIR
REGISTERED IN CRIME NO. 0028/2023 BY THE STATION BAZAR
POLICE STATION KALABURAGI TQ AND DIST. KALABURAGI FOR THE
ALLEGED OFFENCE UNDER SECTION 143, 147, 353, 506, R/W 149
INDIAN PENAL CODE 1860 PENDING ON THE FILE OF THE LEARNED
PRINCIPAL CIVIL JUDGE AND JMFC AT KALABURAGI IN THE
INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2023:KHC-K:1276
CRL.P No. 200616 of 2023
ORDER
The petitioners - accused Nos.1 and 2 are sought to be prosecuted for the offences punishable under Sections 143, 147, 353, 506 read with Section 149 of IPC, alleging that, the accused along with three others had come to the police station complaining about the quarreling that had taken place between them, and the owner of the hotel, and when the informant asked the accused herein to lodge a complaint in writing, the accused herein threatened the police with dire consequence, and also restrained them from discharging their duty. The registration of FIR is impugned in this petition.
2. Heard the learned counsel for the petitioner - accused and the learned High Court Government Pleader for the respondent -State.
3. The alleged incident that has taken place on 10.2.2023 at about 11.40 p.m, and the FIR was lodged on 12.2.2023 at 10.00 p.m. stating that, the FIR was lodged after discussing the same with other senior personnel. The incident has taken place, since the informant insisted the accused to lodge the written complaint, and the accused instead of lodging the written complaint insisted to register the FIR against the owner of the hotel on the oral complaint. Hence the incident has occurred in a spur of the moment, and the same was not, intentional or deliberate the continuation of the criminal investigation, will be an abuse of process of law. Accordingly, I pass the following:
-3-NC: 2023:KHC-K:1276 CRL.P No. 200616 of 2023 ORDER
i) Criminal petition is allowed.
ii) The impugned proceeding in Crime No.28/2023 registered by the Station Bazar Police Station, Kalaburagi, is hereby quashed.
Sd/-
JUDGE BKM List No.: 1 Sl No.: 53