Karnataka High Court
Basappa S/O Nagappa vs The State Of Karnataka & Anr on 27 November, 2018
Author: John Michael Cunha
Bench: John Michael Cunha
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 27TH DAY OF NOVEMBER 2018
BEFORE
THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA
CRIMINAL PETITION NO.200661 OF 2018
C/W
CRIMINAL PETITION NOs.200662/2018,
200663/2018, 200826/2018, 200827/2018,
200829/2018, 200830/2018 AND 200828/2018
IN CRL.P NO.200661/2018
BETWEEN:
BASAPPA S/O NAGAPPA
AGE: 55 YEARS
OCC: AGRICULTURE
R/O TURKATTI (D) CAMP
POST JAWALAGERA
TQ. SINDHANOOR
DIST. RAICHUR - 584 101
... PETITIONER
(BY SRI CHAITANYAKUMAR CHANDRIKI, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
THROUGH RURAL P.S.
SINDHANOOR - 584 101
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
KALABURAGI BENCH - 585 102
2. THE IDBI BANK BRANCH
SINDHANOOR, TQ. SINDHANOOR
2
REPRESENTED BY ITS
MANAGER, ABHINANDAN
... RESPONDENTS
(SRI MALLIKARJUN SAHUKAR, HCGP FOR R1)
THIS CRL.P IS FILED UNDER SECTION 482 OF CR.P.C.,
PRAYING TO QUASH THE IMPUGNED ORDER DATED 11.01.2018
PASSED BY THE II ADDL. JMFC, SINDHANOOR IN
P.C.NO.10/2018 TO THE EXTENT OF REFERRING THE MATTER
TO POLICE FOR INVESTIGATION UNDER SECTION 156(3) OF
CR.P.C. AND ALSO QUASH THE FIR NO.69/2018 REGISTERED BY
THE IST RESPONDENT POLICE IN CRIME NO.26/2018 FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 420, 406, 407, 408,
409, 109, 108, 115 R/W 34 OF IPC AND CONSEQUENTLY BE
PLEASED TO ACQUIT THE PETITIONER, FOR THE REASON
STATED THEREIN.
IN CRL.P NO.200662/2018
BETWEEN:
IRAPPPA S/O MAILARAPPA
AGE: 58 YEARS
OCC: AGRICULTURE
R/O TURKATTI (D) CAMP
TQ. SINDHANOOR
DIST. RAICHUR - 584 101
... PETITIONER
(BY SRI CHAITANYAKUMAR CHANDRIKI, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
THROUGH RURAL P.S.
SINDHANOOR - 584 101
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
KALABURAGI BENCH - 585 102
3
2. THE IDBI BANK BRANCH
SINDHANOOR, TQ. SINDHANOOR
REPRESENTED BY ITS
MANAGER, ABHINANDAN
... RESPONDENTS
(SRI MALLIKARJUN SAHUKAR, HCGP FOR R1)
THIS CRL.P IS FILED UNDER SECTION 482 OF CR.P.C.,
PRAYING TO QUASH THE IMPUGNED ORDER DATED 27.12.2017
PASSED BY THE PRINCIPAL JMFC AT SINDHANOOR IN
P.C.NO.213/2017 TO THE EXTENT OF REFERRING THE MATTER
TO POLICE FOR INVESTIGATION UNDER SECTION 156(3) OF
CR.P.C. AND ALSO QUASH THE FIR NO.21/2018 REGISTERED BY
THE IST RESPONDENT POLICE IN CRIME NO.05/2018 FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 420, 406, 407, 408,
409, 109, 108, 115 R/W 34 OF IPC AND CONSEQUENTLY BE
PLEASED TO ACQUIT THE PETITIONER.
IN CRL.P NO.200663/2018
BETWEEN:
SURESH S/O SHANKARGOUDA
AGE: 36 YEARS
OCC: AGRICULTURE
R/O TURKATTI (D) CAMP
TQ. SINDHANOOR
DIST. RAICHUR - 584 101
... PETITIONER
(BY SRI CHAITANYAKUMAR CHANDRIKI, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
THROUGH RURAL P.S.
SINDHANOOR - 584 101
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
KALABURAGI BENCH - 585 102
4
2. THE IDBI BANK BRANCH
SINDHANOOR, TQ. SINDHANOOR
REPRESENTED BY ITS
MANAGER, ABHINANDAN
... RESPONDENTS
(SRI MALLIKARJUN SAHUKAR, HCGP FOR R1)
THIS CRL.P IS FILED UNDER SECTION 482 OF CR.P.C.,
PRAYING TO QUASH THE IMPUGNED ORDER DATED 27.12.2017
PASSED BY THE PRINCIPAL JMFC AT SINDHANOOR IN
P.C.NO.214/2017 TO THE EXTENT OF REFERRING THE MATTER
TO POLICE FOR INVESTIGATION UNDER SECTION 156(3) OF
CR.P.C. AND ALSO QUASH THE FIR NO.22/2018 REGISTERED BY
THE IST RESPONDENT POLICE IN CRIME NO.06/2018 FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 420, 406, 407, 408,
409, 109, 108, 115 R/W 34 OF IPC AND CONSEQUENTLY BE
PLEASED TO ACQUIT THE PETITIONER.
IN CRL.P NO.200826/2018
BETWEEN:
SIDDALINGAPPA S/O SHEKHARAPPA
AGE: 35 YEARS
OCC: AGRICULTURE & BUSINESS
R/O NATARAJ COLONY, SINDHANOOR
TQ. SINDHANOOR, DIST. RAICHUR - 584 101
... PETITIONER
(BY SRI CHAITANYAKUMAR CHANDRIKI, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
THROUGH RURAL P.S.
SINDHANOOR
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
KALABURAGI BENCH - 585 102
5
2. THE IDBI BANK BRANCH
SINDHANOOR, TQ. SINDHANOOR
REPRESENTED BY ITS
MANAGER, ABHINANDAN
... RESPONDENTS
(SRI MALLIKARJUN SAHUKAR, HCGP FOR R1)
THIS CRL.P IS FILED UNDER SECTION 482 OF CR.P.C.,
PRAYING TO QUASH THE IMPUGNED ORDER DATED 11.01.2018
PASSED BY THE II ADDL. JMFC AT SINDHANOOR IN
P.C.NO.12/2018 TO THE EXTENT OF REFERRING THE MATTER
TO POLICE FOR INVESTIGATION UNDER SECTION 156(3) OF
CR.P.C. AND ALSO QUASH THE FIR NO.87/2018 REGISTERED BY
THE IST RESPONDENT POLICE IN CRIME NO.34/2018 FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 420, 406, 407, 408,
409, 109, 108, 115 R/W 34 OF IPC.
IN CRL.P NO.200827/2018
BETWEEN:
SIDDALINGAPPA S/O SHEKHARAPPA
AGE: 35 YEARS
OCC: AGRICULTURE & BUSINESS
R/O NATARAJ COLONY, SINDHANOOR
TQ. SINDHANOOR, DIST. RAICHUR - 584 101
... PETITIONER
(BY SRI CHAITANYAKUMAR CHANDRIKI, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
THROUGH RURAL P.S.
SINDHANOOR
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
KALABURAGI BENCH - 585 102
6
2. THE IDBI BANK BRANCH
SINDHANOOR, TQ. SINDHANOOR
REPRESENTED BY ITS
MANAGER, ABHINANDAN
... RESPONDENTS
(SRI MALLIKARJUN SAHUKAR, HCGP FOR R1)
THIS CRL.P IS FILED UNDER SECTION 482 OF CR.P.C.,
PRAYING TO QUASH THE IMPUGNED ORDER DATED 11.01.2018
PASSED BY THE II ADDL. JMFC AT SINDHANOOR IN
P.C.NO.10/2018 TO THE EXTENT OF REFERRING THE MATTER
TO POLICE FOR INVESTIGATION UNDER SECTION 156(3) OF
CR.P.C. AND ALSO QUASH THE FIR NO.69/2018 REGISTERED BY
THE IST RESPONDENT POLICE IN CRIME NO.26/2018 FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 420, 406, 407, 408,
409, 107, 108, 115 R/W 34 OF IPC.
IN CRL.P NO.200829/2018
BETWEEN:
SIDDALINGAPPA S/O SHEKHARAPPA
AGE: 35 YEARS
OCC: AGRICULTURE & BUSINESS
R/O NATARAJ COLONY, SINDHANOOR
TQ. SINDHANOOR, DIST. RAICHUR - 584 101
... PETITIONER
(BY SRI CHAITANYAKUMAR CHANDRIKI, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
THROUGH TOWN P.S.
SINDHANOOR
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
KALABURAGI BENCH - 585 102
7
2. THE IDBI BANK BRANCH
SINDHANOOR, TQ. SINDHANOOR
REPRESENTED BY ITS
MANAGER, ABHINANDAN
... RESPONDENTS
(SRI MALLIKARJUN SAHUKAR, HCGP FOR R1)
THIS CRL.P IS FILED UNDER SECTION 482 OF CR.P.C.,
PRAYING TO QUASH THE IMPUGNED ORDER DATED 27.12.2017
PASSED BY THE PRINCIPAL JMFC AT SINDHANOOR IN
P.C.NO.213/2017 TO THE EXTENT OF REFERRING THE MATTER
TO POLICE FOR INVESTIGATION UNDER SECTION 156(3) OF
CR.P.C. AND ALSO QUASH THE FIR NO.21/2018 REGISTERED BY
THE IST RESPONDENT POLICE IN CRIME NO.05/2018 FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 420, 406, 407, 408,
409, 107, 108, 115 R/W 34 OF IPC.
IN CRL.P NO.200830/2018
BETWEEN:
SIDDALINGAPPA S/O SHEKHARAPPA
AGE: 35 YEARS
OCC: AGRICULTURE & BUSINESS
R/O NATARAJ COLONY, SINDHANOOR
TQ. SINDHANOOR, DIST. RAICHUR - 584 101
... PETITIONER
(BY SRI CHAITANYAKUMAR CHANDRIKI, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
THROUGH TOWN P.S.
SINDHANOOR
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
KALABURAGI BENCH - 585 102
2. THE IDBI BANK BRANCH
SINDHANOOR, TQ. SINDHANOOR
8
REPRESENTED BY ITS
MANAGER, ABHINANDAN
... RESPONDENTS
(SRI MALLIKARJUN SAHUKAR, HCGP FOR R1)
THIS CRL.P IS FILED UNDER SECTION 482 OF CR.P.C.,
PRAYING TO QUASH THE IMPUGNED ORDER DATED 27.12.2017
PASSED BY THE PRINCIPAL JMFC, SINDHANOOR IN
P.C.NO.214/2017 TO THE EXTENT OF REFERRING THE MATTER
TO POLICE FOR INVESTIGATION UNDER SECTION 156(3) OF
CR.P.C. AND ALSO QUASH THE FIR NO.22/2018 REGISTERED BY
THE IST RESPONDENT POLICE IN CRIME NO.06/2018 FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 420, 406, 407, 408,
409, 109, 108, 115 R/W 34 OF IPC.
IN CRL.P NO.200828/2018
BETWEEN:
SIDDALINGAPPA S/O SHEKHARAPPA
AGE: 35 YEARS
OCC: AGRICULTURE & BUSINESS
R/O NATARAJ COLONY, SINDHANOOR
TQ. SINDHANOOR, DIST. RAICHUR - 584 101
... PETITIONER
(BY SRI CHAITANYAKUMAR CHANDRIKI, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
THROUGH RURAL P.S., SINDHANOOR
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
KALABURAGI BENCH - 585 102
9
2. THE IDBI BANK BRANCH
SINDHANOOR, TQ. SINDHANOOR
REPRESENTED BY ITS
MANAGER, ABHINANDAN
... RESPONDENTS
(SRI MALLIKARJUN SAHUKAR, HCGP FOR R1)
THIS CRL.P IS FILED UNDER SECTION 482 OF CR.P.C.,
PRAYING TO QUASH THE IMPUGNED ORDER DATED 11.01.2018
PASSED BY THE II ADDITIONAL JMFC AT SINDHANOOR IN
P.C.NO.11/2018 TO THE EXTENT OF REFERRING THE MATTER
TO POLICE FOR INVESTIGATION UNDER SECTION 156(3) OF
CR.P.C. AND ALSO QUASH THE FIR NO.86/2018 REGISTERED BY
THE IST RESPONDENT POLICE IN CRIME NO.33/2018 FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 420, 406, 407, 408,
409, 107, 108, 115 R/W 34 OF IPC.
THESE PETITIONS COMING ON FOR ADMISSION THIS
DAY, THE COURT MADE THE FOLLOWING:-
COMMON ORDER
Heard the learned counsel for the petitioner and the learned High Court Government Pleader in all the above petitions.
2. The only illegality pointed out by the learned counsel for the petitioner in all the cases is that the learned Magistrate himself having taken cognizance of the offence has proceeded to refer the matter to the jurisdictional police under Section 156(3) of Cr.P.C. It is contended that the procedure adopted by the 10 learned Magistrate is contrary to Sections 190 and 202 of Cr.P.C. and hence the impugned proceedings are liable to be quashed.
3. The impugned order in P.C.No.10/2018 is extracted hereinbelow:-
"Complainant Absent. counsel for the complainant present, on perusal of the complaint the court is satisfied that the commission of the offence is disclosed. Hence cognizance is taken of the offence.
Office is directed to register as PCR and Acting U/sec. 156(3) of Cr.P.C case referred to PSI Rural Sindhanur for investigation and send the Report.
Call on 3/4"
4. Similar orders are passed in all the above cases. It is also noticed that in some cases, the learned Magistrate has received the complaint without the presence of the complainant and without applying his mind to the allegations made in the complaint has referred the matter to the jurisdictional police under Section 156(3) of Cr.P.C. in violation of the guidelines issued by the Hon'ble Supreme Court in PRIYANKA 11 SRIVASTAVA AND ANOTHER VS. STATE OF UTTAR PRADESH AND OTHERS [(2015) 6 SCC 287].
5. In view of the above, as the orders taking cognizance suffer from the above illegalities, the same are liable to be set aside. Accordingly, the impugned orders of taking cognizance are set aside. The matter is remitted to the learned Magistrate to take cognizance of the matter afresh in accordance with law.
The petitions are allowed in terms of the above order. In view of disposal of the petitions, interim applications pending in all the cases do not survive for consideration and the same are dismissed.
Sd/-
JUDGE LG