Karnataka High Court
Syed Yunus vs State By Hunsur Town Police on 10 January, 2018
Author: K.N.Phaneendra
Bench: K.N.Phaneendra
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JANUARY 2018
BEFORE
THE HON'BLE MR.JUSTICE K.N.PHANEENDRA
CRL. P. NO.508/2017
connected with CRL.P 506/2017, CRL.P 507/2017,
CRL.P 509/2017 and CRL.P 510/2017
IN CRL. P. NO.508/2017
BETWEEN
SYED YUNUS
S/O. SYED YAKHUB,
AGED ABOUT 37 YEARS,
R/AT SHABBIR NAGAR,
HUNSUR TOWN, MYSORE. ... PETITIONER
(BY SRI. MOHAMMED TAHIR, ADV.)
AND
1. STATE BY HUNSUR TOWN POLICE
REPD. BY STATE PUBLIC PROSECUTOR,
HIGH COURT COMPLEX BUILDING,
BANGALORE-560001.
2. RAMESH
MUNICIPAL COMMISSIONER,
NAGARA SABHE, HUNSUR TOWN,
MYSORE. ... RESPONDENTS
(BY SRI. S.RACHAIAH, HCGP)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH
THE ANNEXURE-C i.e CHARGE SHEET AGAINST THE
PETITIONERS IN C.C.NO.495/2016 IN CR.NO.291/2015 PENDING
ON THE FILES OF PRL. SENIOR CIVIL JUDGE AND JMFC,
2
HUNSUR, MYSORE DISTRICT AND THIS PETITIONER IS
ARRAYED AS ACCUSED NO.7 FOR THE ALLEGED OFFENCE
P/U/S 3, 5 OF KARNATAKA OPEN PLACES DISFIGUREMENT
(PREVENTION) ACT, 1981.
IN CRL. P. NO.506/2017
BETWEEN
SYED YUNUS
S/O. SYED YAKHUB,
AGED ABOUT 37 YEARS,
R/AT SHABBIR NAGAR,
HUNSUR TOWN, MYSORE. ... PETITIONER
(BY SRI. MOHAMMED TAHIR, ADV.)
AND
1. STATE BY HUNSUR TOWN POLICE
REPD. BY STATE PUBLIC PROSECUTOR,
HIGH COURT COMPLEX BUILDING,
BANGALORE-560 001.
2. RAMESH
MUNICIPAL COMMISSIONER,
NAGARA SABHE, HUNSUR TOWN,
MYSORE. ... RESPONDENTS
(BY SRI. S.RACHAIAH, HCGP)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH
THE ANNEXURE-C i.e., CHARGE SHEET AGAINST THE
PETITIONERS IN C.C.NO.501/2016 IN CR.NO.289/2015 PENDING
ON THE FILES OF PRL. SENIOR CIVIL JUDGE AND JMFC,
HUNSUR MYSORE DISTRICT AND THIS PETITIONER IS ARAYED
AS ACCUSED NO.7 FOR THE ALLEGED OFFENCES P/U/S 3,5 OF
KARNATAKA OPEN PLACES DISFIGUREMENT (PREVENTION)
ACT,1981.
3
IN CRL. P. NO.507/2017
BETWEEN
SYED YUNUS
S/O. SYED YAKHUB,
AGED ABOUT 37 YEARS,
R/AT SHABBIR NAGAR,
HUNSUR TOWN, MYSORE. ... PETITIONER
(BY SRI. MOHAMMED TAHIR, ADV.)
AND
1. STATE BY HUNSUR TOWN POLICE
REPD. BY STATE PUBLIC PROSECUTOR,
HIGH COURT COMPLEX BUILDING,
BANGALORE-560001.
2. RAMESH
MUNICIPAL COMMISSIONER,
NAGARA SABHE, HUNSUR TOWN,
MYSORE. ... RESPONDENTS
(BY SRI. S.RACHAIAH, HCGP)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH
THE ANNEXURE-C i.e., CHARGE SHEET AGAINST THE
PETITIONERS IN C.C.NO.493/2016 IN CR.NO.290/2015 PENDING
ON THE FILES OF PRL. SENIOR CIVIL JUDGE AND JMFC,
HUNSUR MYSORE DISTRICT AND THIS PETITIONER IS ARAYED
AS ACCUSED NO.7 FOR THE ALLEGED OFFENCES P/U/S 3, 5
OF KARNATAKA OPEN PLACES DISFIGUREMENT (PREVENTION)
ACT,1981.
4
IN CRL. P. NO.509/2017
BETWEEN
SYED YUNUS
S/O. SYED YAKHUB,
AGED ABOUT 37 YEARS,
R/AT SHABBIR NAGAR,
HUNSUR TOWN, MYSORE. ... PETITIONER
(BY SRI. MOHAMMED TAHIR, ADV.)
AND
1. STATE BY HUNSUR TOWN POLICE
REPD. BY STATE PUBLIC PROSECUTOR,
HIGH COURT COMPLEX BUILDING,
BANGALORE-560001.
2. RAMESH
MUNICIPAL COMMISSIONER,
NAGARA SABHE, HUNSUR TOWN,
MYSORE. ... RESPONDENTS
(BY SRI. S.RACHAIAH, HCGP)
THIS CRL.P. IS FILED U/S.482 CR.P.C PRAYING TO QUASH
THE ANNEXURE-C I.E. CHARGE SHEET AGAINST THE
PETITIONERS IN C.C.NO.497/2016 IN CRIME NO.292/2015
PENDING ON THE FILE OF PRINCIPAL SR. CIVIL JUDGE AND
J.M.F.C., HUNSUR, MYSORE DISTRICT AND THIS PETITIONER IS
ARRAYED AS ACCUSED NO.7 FOR THE ALLEGED OFFENCES
P/U/S 3 AND 5 OF KARNATAKA OPEN PLACES DISFIGUREMENT
(PREVENTION) ACT, 1981.
5
IN CRL. P. NO.510/2017
BETWEEN
SYED YUNUS
S/O. SYED YAKHUB,
AGED ABOUT 37 YEARS,
R/AT SHABBIR NAGAR,
HUNSUR TOWN, MYSORE. ... PETITIONER
(BY SRI. MOHAMMED TAHIR, ADV.)
AND
1. STATE BY HUNSUR TOWN POLICE
REPD. BY STATE PUBLIC PROSECUTOR,
HIGH COURT COMPLEX BUILDING,
BANGALORE-560001.
2. RAMESH
MUNICIPAL COMMISSIONER,
NAGARA SABHE, HUNSUR TOWN,
MYSORE. ... RESPONDENTS
(BY SRI. S.RACHAIAH, HCGP)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH
THE ANNEXURE-C i.e. CHARGE SHEET AGAINST THE
PETITIONERS IN C.C.NO.498/2016 IN CR.NO.293/2015 PENDING
ON THE FILE OF PRL. SR. CIVIL JUDGE AND J.M.F.C., HUNSUR,
MYSURU DIST., AND THIS PETITIONER IS ARRAYED AS
ACCUSED NO.7 FOR THE ALLEGED OFFENCES P/U/S 3 AND 5
OF KARNATAKA OPEN PLACES DISFIGUREMENT (PREVENTION)
ACT.
THESE CRIMINAL PETITIONS COMING ON FOR 'ORDERS',
THIS DAY THE COURT MADE THE FOLLOWING:
6
ORDER
The petitioner in all the above said cases is arrayed as accused No.7 i.e. in Crime Nos.289, 290, 291, 292, 293 of 2015 on the file of the respondent-Hunsur Police for the offences under Sections 3 and 5 of Karnataka Open Places (Prevention of Disfigurement) Act, 1981 (hereinafter referred to as 'the Act' for brevity).
` 2. Heard the learned counsel for the petitioner and the learned HCGP for respondents 1 and 2.
3. It is contended by the learned counsel for the petitioner that there is a legal bar to initiate the proceedings and to proceed with the matter as per Section 1(2)(ii) of the Act. The Investigating Officer has no jurisdiction to investigate the matter without there being a notified area by the State.
4. It is the allegation in the first information report in all the cases that on 24.12.2015 in lieu of Hanuma Jayanthi, the petitioner-accused person along with other accused persons, without taking permission have fixed the banners, 7 buntings, flexes in Hunsur city in Ward Nos.13,15,18 and 19. On the basis of such allegation, the police have registered a case under Sections 3 and 5 of the Act.
5. On perusal of the provision under the said Act, Section (1) reads as follows :-
(1) This Act may be called the Karnataka Open Places (Prevention of Disfigurement) Act, 1981. (2) It shall -
(i) be deemed to have come into force in the cities of Bangalore, Mysore, Hubli-Dharwar, Mangalore and Belgaum constituted or continued under the Karnataka Municipal Corporations Act, 1976 or under any other law, on the fifth day of May 1981 and
ii) come into force in the municipalities, notified areas, sanitary boards, constituted or continued under the Karnataka Municipalities Act, 1964 or under any other law, or in any other local area, on such date, as the State Government may my notification, appoint and different dates may be appointed in respect of different areas. 8
6. Section (1)(2)(i) of the Act states that that it is deemed to have come into force in the cities of Bangalore, Mysore, Hubli-Dharwar, Mangalore and Belgaum constituted or continued under the Karnataka Municipal Corporations Act, 1976 or under any other law, on the fifth day of May 1981. Section (1)(2)(ii) states that it shall come into force in the municipalities, notified areas, sanitary boards, constituted or continued under the Karnataka Municipalities Act, 1964 or under any other law, or in any other local area, on such date, as the State Government may by notification, appoint and different dates may be appointed in respect of different areas.
7. Admittedly as per the submission of the learned HCGP that the State Government has not issued any notification notifying the Hunsur Municipality or the particular area in which the alleged offence has been committed in order to attract the provisions of the said Act.
8. Time was granted to the learned HCGP to ascertain whether any such notification has been issued under the said Act. However, today the learned HCGP submits that as 9 contemplated under Section (2) (ii) of the Act, no notification has been issued under the said Act.
9. Under the above said circumstance, registration of the case and continuation of the investigation is vitiated. Hence, the same is liable to be quashed.
10. Accordingly, the following order is passed.
i) All the petitions are hereby allowed.
ii) All further proceedings in C.C.No.501 of 2016 (arising out of Crime No.289/2015) on the file of Principal Senior Civil Judge and JMFC Hunsur, Mysore District and all further investigation and proceedings in Crime No.290, 291, 292, 293 of 2015 on the file of Respondent - Hunsur Police insofar as the petitioner herein is concerned are hereby quashed.
Sd/-
JUDGE rs