Karnataka High Court
Sri Manju C S vs The State By on 8 January, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2025:KHC:460
WP No. 33461 of 2024
C/W WP No. 33465 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 33461 OF 2024 (GM-RES)
C/W
WRIT PETITION NO. 33465 OF 2024 (GM-RES)
IN WP No. 33461/2024
BETWEEN:
SRI. SACHIN PATIL
S/O N K PATIL
AGED ABOUT 32 YEARS,
WORKING AS ASSISTANT EXECUTIVE ENGINEER,
OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER,
SOUTH WEST-3 SUB DIVISION,
BANGALORE WATER SUPPLY AND SEWERAGE BOARD,
M N K PARK BASAVANAGUDI
BANGALORE-560004
...PETITIONER
(BY SRI. SATISH K., ADVOCATE)
Digitally signed by
LEELAVATHI S R AND:
Location: High Court
of Karnataka 1. THE STATE BY BASAVANAGUDI POLICE STATION,
REPRESENTED BY ITS SUB INSPECTOR,
BASAVANAGUDI
BANGALORE-560004
2. SRI PRADEEP KUMAR N.,
FATHER'S NAME NOT KNOWN TO THE PETITIONER,
AGED ABOUT 34 YEARS,
WORKING AS ASSISTANT EXECUTIVE ENGINEER,
KEMPEGOWDA NAGAR SUB DIVISION,
BRUHAT BENGALURU MAHANAGARA PALIKE
BENGALURU-560019
...RESPONDENTS
(BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1
SRI PUNITH C., ADVOCATE FOR R2)
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NC: 2025:KHC:460
WP No. 33461 of 2024
C/W WP No. 33465 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA R/W SECTION 528 OF BHARATIYA
NAGARIK SURAKSHA SAMHITA, 2023 PRAYING TO CALL FOR
RECORDS FROM THE RESPONDENT NO.1 AND QUASHING THE
IMPUGNED CHARGE SHEET DATED 09.07.2024 FILED BY THE
BASAVANAGUDI POLICE - THE RESPONDENT NO.1 FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 431 READ WITH
SECTION 34 OF INDIAN PENAL CODE, 1860 AND SECTION 3 OF
THE PREVENTION OF DAMAGE TO THE PUBLIC PROPERTIES ACT,
1984 (ANNEXURE-B) AND ALL PROCEEDINGS PURSUANT
THERETO, PENDING ON THE FILE OF THE HONORABLE II
ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BANGALORE IN
C.C.NO.25797/2024 (ANNEXURE-C), IN SO FAR AS THE PETITIONER
IS CONCERNED (ACCUSED NO.2) AND ETC.
IN WP NO. 33465/2024
BETWEEN:
SRI MANJU C S
S/O. LATE NINGE GOWDA,
AGED ABOUT 45 YEARS,
CONTRACTOR, SRI. TIBBADEVI CONSTRUCTIONS,
NO. 78, 1ST BLOCK, 6TH STAGE, BDA LAYOUT,
BANASHANKARI, BANGALORE 560 061.
...PETITIONER
(BY SRI. SATISH K.,ADVOCATE)
AND:
1. THE STATE BY
BASAVANAGUDI POLICE STATION,
REPRESENTED BY ITS SUB INSPECTOR,
BASAVANAGUDI, BANGALORE - 560 004.
2. SRI. PRADEEP KUMAR N.
FATHER'S NAME NOT KNOWN TO THE PETITIONER
AGED ABOUT 34 YEARS,
WORKING AS ASSISTANT EXECUTIVE ENGINEER,
KEMPEGOWDA NAGAR SUB DIVISION,
BRUHAT BENGALURU MAHANAGARA PALIKE,
BANGALORE - 560 019.
...RESPONDENTS
(BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1
SRI PUNITH C., ADVOCATE FOR R2)
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NC: 2025:KHC:460
WP No. 33461 of 2024
C/W WP No. 33465 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
CONSTITUTION OF INDIA R/W SECTION 528 OF BHARATIYA
NAGARIK SURAKSHA SAMHITA, 2023 PRAYING TO CALL FOR
RECORDS FROM THE RESPONDENT NO.1 AND QUASH THE
IMPUGNED CHARGE SHEET DTD. 09.07.2024 FILED BY THE
BASAVANAGUDI POLICE THE RESPONDENT NO.1 FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 431 READ WITH
SECTION 34 OF INDIAN PENAL CODE, 1860 AND SECTION 3 OF
THE PREVENTION OF DAMAGE TO THE PUBLIC PROPERTIES
ACT, 1984 (ANNEXURE-A) AND ALL FURTHER PROCEEDINGS
PURSUANT THERETO, PENDING ON THE FILE OF THE
HONBLE II ADDITIONAL CHIEF JUDICIAL MAGISTRATE,
BANGALORE IN C.C.NO. 25797/2024 (ANNEXURE-B) IN SO FAR
AS THE PETITIONER IS CONCERNED (ACCUSED NO. 1).
THESE PETITIONS, COMING ON FOR FINAL HEARING, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
Petitioners in both the petitions are alleged to have committed offences punishable under Sections 431 of IPC and Section 3 of the Prevention of Damage to Public Properties Act, 1984 (hereinafter referred to as 'the Act' for short).
2. The petitioner in W.P.No.33461/2024 is the Assistant Executive Engineer of BWSSB, while the petitioner in W.P.No.33465/2024 is the Contractor/ Supervisor, who is said to have acted under/on instructions of the other petitioner. According to the petitioners, the petitioner in W.P.No.33461/2024 being a public servant, necessary sanction under Section 197 of Cr.P.C -4- NC: 2025:KHC:460 WP No. 33461 of 2024 C/W WP No. 33465 of 2024 ought to have been obtained before cognizance had been taken as against the petitioner and consequently, all further proceedings pursuant thereto in relation to petitioner in W.P.No.33461/2024 deserves to be quashed and as a consequence of which, the proceedings as against the contractor, who is the petitioner in W.P.No.33465/2024 also deserves to be quashed.
3. Per contra, learned HCGP for respondent No.1-State and learned counsel for respondent No.2 submits that the proceedings were initiated pursuant to the complaint given by respondent No.2, who is the Assistant Executive Engineer of BBMP and as such, there is no merit in the petition and is liable to be dismissed.
4. As rightly contended by the learned counsel for the parties, a perusal of the material on record, will indicate that it is an undisputed fact that the petitioner in W.P.No.33461/2024 is a public servant in relation to whom necessary sanction ought to have been obtained under Section 197 of Cr.P.C before the Magistrate took cognizance of the offences punishable under Section 431 of IPC and Section 3 of the Act.
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5. Under these circumstances, in the absence of necessary mandatory sanction, all further proceedings pursuant to the impugned charge sheet are without jurisdiction or authority of law and the same deserves to be quashed and consequently, proceedings as against the co-accused, who is only a Contractor also deserves to be quashed.
6. It is also relevant to state that only allegations made against both the petitioners is that they dug up the road in question without obtaining necessary permission by BBMP; however, it is an undisputed fact as submitted by both sides that the road in question which is alleged to have dug up, has been restored to its original condition / state as on today and as such, in the interest of justice, it would be just and appropriate to quash the proceedings against both the petitioners in the instant writ petitions.
7. In the result, I pass the following:
ORDER
i) Both Crl.P.No.33461/2024 and Crl.P.No.33465/2024 are hereby allowed.-6-
NC: 2025:KHC:460 WP No. 33461 of 2024 C/W WP No. 33465 of 2024
ii) The proceedings in C.C.No.25797/2024 on the file of II Addl. Chief Judicial Magistrate, Bengaluru qua petitioners in both petitions are hereby quashed. In view of disposal of both the petitions, interim order dated 09.12.2024 passed in W.P.No.33461/2024 and the directions issued to respondent No.1-State do not survive any longer and the said directions are hereby expunged.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 16