Smt A T Kumari vs Bangalore Metropoliton Task Force on 17 December, 2018

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Karnataka High Court

Smt A T Kumari vs Bangalore Metropoliton Task Force on 17 December, 2018

Bench: P.S. Dinesh Kumar

                                1
                                           CRL.P. NO.2903/2014


        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 17TH DAY OF DECEMBER, 2018

                              BEFORE

          THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR

               CRIMINAL PETITION No.2903/2014

BETWEEN:

1.     SMT A T KUMARI
       W/O JAYARAM @ JARREM,
       AGED ABOUT 51 YEARS,
       WORKING AS:
       POURAKARMIKE AT BBMP

2.     SRI.JAYARAM @ JARREM
       S/O LATE AMRUTHAIAH

       BOTH THE PETITIONERS
       R/O NO.315/2 AC,
       OMBR LAY-OUT
       CHIKKABANASAWADI
       BENGALURU-560059.                ... PETITIONERS

(BY SRI: KASHINATH J D, ADVOCATE)

AND:

1.     BANGALORE METROPOLITON TASK FORCE
       BBMP PREMISES,N.R.SQUARE,
       BENGALURU-560002.
       REP BY STATE PUBLIC PROSECUTOR

2.     SRI.BHARATH SINGH (MANJU)
       NO.22, RAMASWAMY PALYA,
       M.R.PALYA,
       BENGALURU-560062                ... RESPONDENTS
                                   2
                                              CRL.P. NO.2903/2014

(BY SRI: S.RACHAIAH, HCGP FOR R1
NOTICE TO R2-SERVED)

      THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE
FIR FILED IN CR. NO.174/2012 ON THE COMPLAINT OF BARATH
SINGH (MANJU) FOR THE OFFENCES P/U/S 417,419,465,468,110 OF
IPC AND ALSO QUASH THE FINAL REPORT/CHARGESHEET IN ABOVE
CRIME IN C.C.NO.18099/2013 BY THE RESPONDENT POLICE,
PENDING ON THE FILE OF C.M.M., BANGALORE RESPECTIVELY
ANNEXURE-A AND B TO PETITION SO FAR AS PETITIONERS ARE
CONCERNED.

     THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE
COURT MADE THE FOLLOWING:-

                               ORDER

Heard Shri J.D. Kashinath, learned advocate for the petitioners and Shri S. Rachaiah, learned HCGP for the State.

2. Petitioners are Pourakarmikas working with Bruhath Bengaluru Mahanagara Palike ('BBMP' for short). Respondent No.1-Bangalore Metropolitan Task Force ('BMTF' for short) filed FIR No.174/2012 on 21.08.2012 alleging commission of offences punishable under Sections 417, 419, 465, 466, 468 and 110 of IPC.

3. The principal contention urged by Shri Kashinath is that BMTF has no power and authority to investigate offences 3 CRL.P. NO.2903/2014 punishable under IPC. In support of the said contention, he placed reliance on the decision of this Court in H.Pramod and another Vs. Government of Karnataka & others (W.Ps.No.12381-12382/2013 decided on 23.07.2013). This position of law is not disputed by Shri S. Rachaiah, learned HCGP, who appears for respondent No.1 - BMTF.

4. In view of the decision of the Division Bench of this Court in H.Pramod (supra), BMTF could not have filed the charge sheet and investigated the matter. Resultantly, this petition merits consideration and it is accordingly allowed. FIR No.174/2012 and charge sheet in C.C.No.18099/2013 pending on the file of Chief Metropolitan Magistrate, Bengaluru, are quashed.

No costs.

Sd/-

JUDGE Bss

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