Karnataka High Court
Shri M V Gopi vs State Of Karnataka on 7 November, 2022
Author: K.Natarajan
Bench: K.Natarajan
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE K.NATARAJAN
CRIMINAL PETITION NO.7855 OF 2021
BETWEEN
SHRI M V GOPI
AGED ABOUT 40 YEARS,
S/O VENKATASWAMY,
VILLA NO B-1, NVT ORCHID GARDEN,
CHAMBENAHALLI,
SARJAPUR MAIN ROAD,
ANEKAL TALUK,
BENGALURU 562 125
... PETITIONER
(BY SRI SRINIVASAN S K, ADVOCATE)
AND
1. STATE OF KARNATAKA
BY BENGALURU METROPOLITAN TASK FORCE,
BBMP MAIN BUILDING,
N R SQUARE,
BENGALURU 560002,
REPRESENTED BY
SPECIAL PUBLIC PROSECUSTOR,
HIGH COURT OF KARNATAKA,
HIGH COURT BUILDINGS,
OPP. TO VIDHANA SOUDHA,
DR. B.R. AMBEDKAR VEEDHI,
BENGALURU 560001
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2. SHRI N.R.RAMESH
MAJOR,
EX-CORPORATOR, BBMP,
NO.2910, 14TH A CROSS,
BANASHANKARI II STAGE,
BENGALURU - 560 070.
... RESPONDENTS
(BY SRI R.D. RENUKARADHYA, HCGP FOR R1
R2 SERVED, UNREPRESENTED)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO a)
QUASH THE FIR BEARING NO.17/2017 DATED 30.08.2017
ALONG WITH THE COMPLAINT DATED 30.08.2017 REGISTERED
WITH THE RESPONDENT BMTF (ANNEXED VIDE ANNEXURE - A
AND B). b) QUASH THE CHARGE SHEET AND CONSEQUENTLY
THE ENTIRE PROCEEDINGS IN MATTER BEARING
C.C.NO.21491/2018 PENDING BEFORE THE HONOURABLE
C.M.M., BENGALURU IN CR.NO.17/2017 FOR THE ALLEGED
OFFENCES P/U/S 441 OF KARNATAKA MUNICIPALITIES ACT
AND SECTION 120(B),409,420,468,471 OF IPC (ANNEXED VIDE
ANNEXURE - C AND D).
THIS CRIMINAL PETITION COMING ON FOR ADMISSION
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioner-accused No.2 under Section 482 of Cr.P.C., for quashing the FIR in Crime No.17/2017 dated 30.08.2017 along with the complaint dated 30.08.2017 registered with the respondent/Bangalore Metropolitan Task Force (BMTF).
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2. The case of the petitioner is that the petitioner was accused in Crime No. 17/2017 dated 30.08.2017 registered by BMTF registered case against the petitioner and accused No.1 for offence punishable under Section 441 of Karnataka Municipalities Act and Section 120(B), 409, 420, 468, 471 of IPC.
3. Heard the arguments of learned counsel for petitioner and learned HCGP for respondent No.1. Respondent No.2 served and unrepresented.
4. The learned counsel for the petitioner contended the coordinate bench of this court already quashed criminal proceedings against accused No.1 in Crl.P.No.8699/2021 dated 05.07.2022 alleging that BMTF is not a police station based upon judgment of this court in Crl.P.No.5340/2012 and hence continuing the proceedings against this petitioner/accused No.2 is 4 nothing but abuse of process of law. Hence prayed for quashing the petition.
5. Learned HCGP objected the petitioner and contended that the issue is whether the BMTF is police station or not is matter which is still pending before Hon'ble Supreme Court hence prayed for dismissing the petition.
6. Having heard the arguments of both parties, learned HCGP and perusal of the record, it is not in dispute the co-ordiante bench of this court already quashed criminal Proceeding against accused No.1 in Criminal. 8699/2021 dated 05.07.2022 by relying upon the judgment of this Court delivered in Crl.P.No.5340/2012 and when the main accused No.1 is said to be land owner and got quashing criminal proceedings against him on the technical ground and this petitioner accused No.2 is only the middle man or 5 a broker in real estate and in view of the quashing criminal proceedings against main accused on technical ground continuing criminal proceedings against this petitioner accused No.2 is also abuse of process of law, when the coordinate bench already quashed the criminal proceedings against accused No.1. Hence, continuing proceedings against accused No.2 is also abuse of process of law and therefore liable to be quashed.
Accordingly, this petition is allowed.
The criminal proceedings against
petitioner/accused No.2 in Crime No.17/2017
registered by Bangalore Metropolitan Task Force
(BMTF) is here by quashed.
Sd/-
JUDGE
AKV