N Sampangiramaiah vs State Of Karnataka on 6 December, 2013

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Karnataka High Court

N Sampangiramaiah vs State Of Karnataka on 6 December, 2013

Bench: H.N. Nagamohan Das

                                   1




           IN THE HIGH COURT OF KARNATAKA AT BANGALORE

             DATED THIS THE 6TH DAY OF DECEMBER, 2013

                                BEFORE

           THE HON'BLE MR. JUSTICE H.N. NAGAMOHAN DAS

                  CRIMINAL PETITION No. 3867/2013

BETWEEN :
---------------

1.         Sri. N SAMPANGIRAMAIAH
           AGED ABOUT 55 YEARS
           S/O. LATE NAGAPPA

2.         Sri. CHANDRASHEKAR
           AGED ABOUT 27 YEARS
           S/O. N SAMPANGIRAMAIAH

BOTH HAVING ADDRESS AT
#133, MAKALIDURGA
TUBAGERE HOBLI
DODDABALLAPURA TALUK
BANGALORE RURAL DIST. 561 203.             ... PETITIONERS

(BY Sri. B BASAVARAJU, ADV.)

AND :
--------

STATE OF KARNATAKA
PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
                                     2




BANGALORE AS
DODDABALLAPURA
RURAL P.S. - 561 203.                          ... RESPONDENTS

(BY Sri. K NAGESHWARAPPA)

                                    ---

     THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 Cr.P.C. WITH A PRAYER TO QUASH THE ENTIRE
PROCEEDINGS IN CRIME No. 0194/2013 ON THE FILE OF
THE PRL. CIVIL JUDGE AND JMFC, DODDABALLAPUR
AND ETC.

     THIS PETITION COMING ON FOR FINAL HEARING
THIS DAY, THE COURT PASSED THE FOLLOWING;

                            ORDER

In this petition the petitioner has prayed for quashing the proceedings in crime No. 194/2013 registered by the respondent police and pending on the file of Civil Judge and JMFC, Doddaballapur.

2. Petitioners are running a resort in S.R. Valley near S.S. Ghati, Doddaballapur district. On 09.11.2010 petitioner No. 1 lodged a complaint with the Doddaballapur police stating that a company 3 called GVR Agro Chemicals Company hired a party hall in the resort and in the late night they organized a cabaret and to take action against them. On the same day the Doddaballapur police issued an acknowledgement in favour of petitioner No. 1. But no action is taken. After lapse of nearly 3-½ years the respondent police have registered a case against the petitioners in crime No. 194/2013 in respect of the very same incident that had taken place on 09.10.2009 on the basis of a news telecasted in a private channel called Samaya T.V. Aggrieved by the initiation of criminal proceedings against the petitioners, they are before this Court.

3. The material on record discloses that the incident had taken place on 09.10.2009. Though petitioners lodged a complaint the police have not taken any action. After lapse 3-½ years on the basis of a news telecasted in a private TV channel the present crime is registered and the same is not called for. Even otherwise the police instead of proceeding against the concerned company against whom the petitioners have lodged a complaint have registered a case 4 against the petitioners. Therefore the proceedings are liable to be quashed. Accordingly, the following;

ORDER i. Petition is hereby allowed.

ii. The proceedings in crime No. 194/2013 on the file of Principal Civil Judge and JMFC, Doddaballapur, are hereby quashed.

Sd/-

JUDGE.

LRS.

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