Karnataka High Court
Ajaya vs The State Of Karnataka And Anr on 23 August, 2024
Author: K Natarajan
Bench: K Natarajan
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CRL.RP No. 200111 of 2023
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 23RD DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR. JUSTICE K NATARAJAN
CRIMINAL REVISION PETITION NO.200111 OF 2023
(397(Cr.PC)/438(BNSS))
BETWEEN:
AJAYA S/O MALLARI GAYAKWAD,
AGED 34 YEARS, OCC: BUSINESS
R/O NEHARU NAGAR, GYANG BOWDI, VIJAYAPUR,
DISTRICT: VIJAYPURA-586103.
...PETITIONER
(BY SRI. SANTOSH KUMAR B. BIRADAR, ADVOCATE)
AND:
Digitally signed by
SHIVALEELA
DATTATRAYA 1. THE STATE OF KARNATAKA
UDAGI BY DEPUTY SUPERINTENDENT OF POLICE,
Location: High VIJAYAPURA, REPRESENTED BY ADDL. SPP,
Court Of Karnataka
HIGH COURT OF KARNATAKA,
KALABURAGI-585103.
2. DAKU S/O HARIBA LAMANI,
AGED 47 YEARS, OCC: CONTRACTOR
R/O YATNAL ANAGYAN HALLA, VIJAYAPUR,
DISTRICT: VIJAYPURA-586104.
...RESPONDENTS
(BY SRI. JAMADAR SHAHABUDDIN, HCGP FOR R1;
NOTICE TO R-2 SERVED BUT UN-REPRESENTED)
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CRL.RP No. 200111 of 2023
THIS CRIMINAL REVISION PETITION IS FILED
UNDER SECTION 397 READ WITH SECTION 401 OF
CR.P.C., PRAYING TO SET-ASIDE THE ORDER DATED
20.07.2023 IN SPL. CASE (SC/ST) NO.32/2020 PASSED
UNDER SECTION 227 OF THE CR.P.C. ON THE FILE OF II
ADDITIONAL DISTRICT AND SESSIONS JUDGE AND
SPECIAL JUDGE, AT VIJAYAPUR (ANNEXURE-G) B)
CONSEQUENTLY, TO ALLOW THE APPLICATION FILED BY
THE PETITIONER UNDER SECTION 227 OF THE CR.P.C.,
THIS PETITION, COMING ON FOR ADMISSION THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE K NATARAJAN
ORAL ORDER
(PER: HON'BLE MR. JUSTICE K NATARAJAN) This revision petition is filed by the petitioner accused No.13 under Section 397 of Cr.P.C. for setting aside the order dated 20.07.2023 passed in Special Case (SC/ST) No.32/2020 by the II Additional District and Sessions Judge and Special Judge, Vijayapura, for having rejected the application filed by the petitioner under section 227 of Cr.P.C. for discharge from the said case.
2. Heard the arguments of learned counsels appearing for the parties.
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3. The case of the petitioner before the trial Court is that the respondent police have filed the charge sheet against 18 persons by showing accused No.13 as Ajit Chavan for the offences punishable under Sections 143, 147, 148, 323, 324, 341, 326, 354, 363, 307, 109, 504, 506 and 149 of IPC And section 3(1)(r),(s), 3(2)(b), 3(1)(w) of SC/ST Prevention of Atrocities Act. The police previously filed charge sheet by showing the name of accused No.13 as Ajit Chavan. Subsequently, the petitioner was arrested and he was named as Ajit Chavan @ Ajay Gayakwad and filed an additional charge sheet by showing his name as accused No.13. Therefore, the petitioner filed an application under Section 227 of CRPC for discharge from the case, which came to be rejected. Hence, the petitioner is before this Court.
4. Learned counsel for the petitioner has seriously contended that the petitioner is nothing to do with the criminal case which was registered against Ajit Chavan, and others, and the name of the petitioner is Ajay Gayakwad. The charge sheet is also filed against Ajit Chavan and not against this petitioner. -4-
NC: 2024:KHC-K:6253 CRL.RP No. 200111 of 2023 There are various documents produced by him to show that his name is Ajay Gayakwad, but the trial Court has not properly appreciated the documents and dismissed the application. The learned counsel for the petitioner has also contended that while approaching District Court for the grant of anticipatory bail, the very public prosecutor himself stated that he is not accused and only Ajit Chavan is the accused. Later, the investigation officer while recording the voluntary statement of this petitioner shown the name of this petitioner as Ajit @ Ajay Chauhan @ Gayakwad, which is not based upon any of the documents. Therefore, it is contended that the petitioner has been falsely implicated by the Investigating Officer, who is not able to arrest the real culprit Ajit Chavan. Therefore, prayed to allow the petition and discharge the petitioner from the case.
5. Per contra, learned High Court Government Pleader has objected the petition and contended that as per the voluntary statement of the petitioner and voluntary statement of the Investigating Officer, the petitioner is the same person Ajay @ Ajit Chavan @ Gayakwad. Investigation is completed -5- NC: 2024:KHC-K:6253 CRL.RP No. 200111 of 2023 and charge sheet has been filed. Therefore, he has to face the trial. Hence, prayed for dismissing the petition.
6. Having heard the learned counsel appearing for the parties, perused the records.
7. The records reveal that none of the eyewitnesses or the injured have stated the name of the accused No.13 as Ajit Chawan was also participated in the crime. The FIR was registered against only accused Nos.1 to 5 and other unknown persons. Thereafter, after arresting some of the accused persons, they named various accused persons including the name of one Ajit Chavan as co-accused. The voluntary statements of all the co-accused reveals that one Ajit Chavan was participated in the offence and none of the accused persons have despaired anything about the name of the petitioner Ajit Chavan was also called as Ajay Gayakwad. Nowhere, it is found that Ajay Gayakwad was also called as Ajit Chavan. Even in the charge sheet, the police have shown the name of the A-13 as Ajit Chavan. Subsequently, the police able to trace the petitioner and obtained voluntary statement, and -6- NC: 2024:KHC-K:6253 CRL.RP No. 200111 of 2023 stated that he is the same person Ajit Chavan @ Ajay Gayakwad. There is no identification parade conducted in order to show that the petitioner, is either of Ajit Chavan or Ajay Gayakwad, but, no such exercise is made by the investigation officer. On the other hand, he said to be recorded the voluntary statement of the petitioner and named as Ajit @ Ajay Chavan @ Gayakwad. It is fairly admitted by the learned High Court Government Pleader that surname Chavan is altogether different from the surname Gayakwad. One group of person cannot be having two surnames like Chavan and Gayakwad. The names can be made as Ajit @ Ajay, but both the surnames cannot be in one name. Neither the injured persons nor the witnesses or the voluntary statement of the co-accused have stated the name of the petitioner as Ajit @ Ajay Chavan @ Gayakwad. Such being the case, merely police apprehended the petitioner and filed the charge sheet and closed investigation by showing the name as is not correct. The petitioner has also produced various documents like the caste certificate birth certificate, PAN card, Aadhaar card, voter ID, etc. Almost 23 documents have been produced to show that he is Ajay Gayakwad, but none of the documents reveals that he is -7- NC: 2024:KHC-K:6253 CRL.RP No. 200111 of 2023 also Ajit Chavan. Such being the case, conducting the trial against the petitioner is nothing but abuse of process of law. The trial Court could have properly appreciated the documents on record and could have discharged the petitioner, but committed error in dismissing the application under Section 227 of Cr.P.C. Therefore, conducting the proceedings against the petitioner is liable to be quashed.
8. Accordingly, I pass the following order:
(i) The criminal petition is allowed.
(ii) The order dated 20.07.2023 passed in Special Case
(SC/ST) No.32/2020 by the II Additional District and Sessions Judge and Special Judge, Vijayapura, for having rejected the application filed by the petitioner under Section 227 of Cr.P.C. for discharge, is hereby set aside.
(iii) The application under section 227 of Cr.P.C. is allowed.
(iv) The accused No.13 shown is 'Ajit Chavan' and hence, the petitioner-Ajaya Gayakwad is discharged from the case.
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(v) If at all the police are able to trace the real culprit Ajit Chavan, they can filed Charge-Sheet in future or the Trail Court can declare Ajit Chavan as an absconding accused and trace him in future.
Sd/-
(K NATARAJAN) JUDGE CS List No.: 1 Sl No.: 33 CT:SI