Karnataka High Court
K C Veerendra vs The State Of Karnataka on 19 January, 2016
Author: Rathnakala
Bench: Rathnakala
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JANUARY, 2016
BEFORE
THE HON' BLE MRS. JUSTICE RATHNAKALA
CRIMINAL PETITION NO.1543 OF 2015
C/W
CRIMINAL PETITION NO.1367 OF 2015
&
CRIMINAL PETITION NO.2071 OF 2015
CRL.P. NO.1543/2015
BETWEEN:
K.C.VEERENDRA
S/O LATE CHANNABASSAPPA
AGED ABOUT 40 YEARS
OCC: BUSINESS
OLD TOWN
CHALLAKERE,
CHITHRADURGA DISTRICT - 577 522. ...PETITIONER
k
(BY SRI H.S.CHANDRAMOULI, ADV.)
AND:
THE STATE OF KARNATAKA
BY THE POLICE OF CHALLAKERE,
POLICE STATION,
CHITHRADURGA DISTRICT - 577 522. ...RESPONDENT
(BY SRI CHETAN DESAI, HCGP.)
THIS CRL.P. IS FILED U/S.482 CR.P.C., PRAYING TO QUASH
THE ENTIRE CASE IN CR.NO.60/2015 OF CHALLAKERE P.S.,
CHITRADURGA DISTRICT, NOW PENDING ON THE FILE OF
PRINCIPAL CIVIL JUDGE AND J.M.F.C., CHALLAKERE REGISTERED
FOR THE OFFENCE P/U/S 79, 80 AND 78(3) OF KARNATAKA
POLICE ACT, 1963, 66 OF INFORMATION TECHNOLOGY ACT, 2008
AND 420 OF IPC.
2
CRL.P. NO.1367/2015
BETWEEN:
FYTER RAVI @ RAVI @ MALLIKARJUNA B.M.
S/O N.MALLAIAH
AGED ABOUT 41 YEARS
RESIDING AT NO.373, 7TH MAIN,
13TH CROSS, VYALIKAVAL,
BANGALORE - 560 003. ...PETITIONER
(BY SRI ARUNA SHYAM, ADV.)
i
AND:
STATE OF KARNATAKA
REPRESENTED BY STATE PUBLIC PROSECUTOR
BASAVESHWARNAGAR POLICE
BANGALORE CITY - 560 076. ...RESPONDENT
(BY SRI CHETAN DESAI, HCGP.)
THIS CRL.P. IS FILED U/S.482 CR.P.C., PRAYING TO QUASH
THE ENTIRE PROCEEDINGS IN C.C. NO.180/2014 WHICH IS
PENDING ON THE FILE OF THE VI-MMTC COURT, AT BANGALORE
BY ALLOWING THIS PETITION.
CRL.P. NO.2071/2015
BETWEEN:
1. THIPPESWAMY K.C.
S/O LATE CHANNABASSAPPA
AGED 42 YEARS
OCC: BUSINESS
S.R.ROAD,
CHALLAKERE TOWN,
CHITHRADURGA DISTRICT - 577 522.
2. SANJAYA
S/O MALATESH
AGE 25 YEARS
OCC:PRIVATE EMPLOYEE,
GALI HONI,
3
SHIGGAON TOWN
HAVERI DISTRICT - 581 205
3. RAVI KADAPPA
S/O KADAPPA ANGADI
AGED 29 YEARS
OCC:BUSINESS,
HIREPETE, HUBLI TOWN,
DHARWAD DISTRICT - 580 020.
4. LOKESH
S/O BASAVARAJA
AGED 25 YEARS
OCC:BUSINESS
NEAR MAHATMA GANDHI SCHOOL
CHALLAKERE TOWN
CHITHRADURGA DISTRICT - 577 522.
5. JAGADEESHA
S/O SHIVANNA NAYAKA
AGED 25 YEARS
OCC: BUSINESS
ARODANAGAR,
ANADANAGAR ROAD,
HUBLI TOWN
DHARWAD DISTRICT - 580 020.
6. SHARATH
S/O YALLAPPA
AGED 23 YEARS
OCC:BUSINESS
KAVADIGIRAHATTY
CHITRADURGA TOWN,
CHITHRADURGA DISTRICT - 577 541.
7. SRINIDHI
S/O GIRIYAPPA
AGED 27 YEARS
OCC: BUSINESS
KHB COLONY, CHALLAKERE TOWN,
CHITHRADURGA DISTRICT - 577 522.
8. ANIL
S/O AMBASA
AGED 32 YEARS
4
OCC: BUSINESS,
ARAVINDNAGAR,
MAIN ROAD HUBLI,
DHARWAD DISTRICT - 580 020.
9. PRUTHVI
S/O NAGARAJA
AGED 21 YEARS
OCC: BUSINESS
NEAR VASAVI SCHOOL
GANDHINAGAR
CHALLAKERE TOWN,
CHITHRADURGA DISTRICT - 577 522. ...PETITIONERS
(BY SRI H.S.CHANDRAMOULI, ADV.)
AND:
THE STATE OF KARNATAKA
BY THE POLICE OF CHALLAKERE,
POLICE STATION,
CHITHRADURGA DISTRICT - 577 522.
REPRESENTED BY STATE PUBLIC
PROSECUTOR
HIGH COURT OF KARNATAKA
BANGALORE - 560 001. ...RESPONDENT
(BY SRI CHETAN DESAI, HCGP.)
THIS CRL.P. IS FILED U/S.482 CR.P.C., PRAYING TO QUASH
THE FIR IN CR.NO.60/2015 OF CHALLAKERE P.S., CHITRADURGA
DISTRICT, REGISTERED FOR THE OFFENCE P/U/S 79, 80 AND
78(3) OF KARNATAKA POLICE ACT, 1963, 66 OF INFORMATION
TECHNOLOGY ACT, 2008 AND 420 OF IPC. PENDING ON THE FILE
OF PRINCIPAL CIVIL JUDGE AND J.M.F.C., CHALLAKERE.
THESE CRIMINAL PETITIONS COMING ON FOR ADMISSION
THIS DAY, THE COURT MADE THE FOLLOWING:-
5
ORDER
A question of law is raised in all these three cases. In Crl.P.1543/2015, the petitioner is challenging the FIR registered against him in respect of the offence punishable under Sections 79, 80, 78(3) of the Karnataka Police Act, 1963 (for brevity, Act), Section 66 of the Information Technology Act, 2008 and Section 420 of IPC.
In Crl.P.1367/2015, the charge sheet is filed by the respondent/police in respect of offence punishable under Sections 78(a) (vi), 80 of the Act.
In Crl.P.2071/2015, the petitioner is challenging the FIR registered against him in respect of the offence punishable under Sections 79, 80, 78(3) of the Act, Section 66 of the Information Technology Act, 2008 and Section 420 of IPC.
The common facts in all three petitions is, on credible information, I.O. along with his staff and panchas raided the spot, seized the incriminating material under mahazar, 6 arrested the accused, lodged the suo-moto complaint and reported to the SHO and case is registered by the Police.
In view of decision of the Division Bench of this Court in the case of Girishchandra Vs. The State by Lokayuktha Police, Yadgir, (ILR 2013 Kar 983), wherein it has been held, the registration of the FIR subsequent to the investigation vitiates the proceedings. This Court has consistently followed the said principle.
As per the judgment of the Apex Court in the case of Lalita Kumari Vs. Government of Uttar Pradesh and Others, reported in (2014) 2 SCC 1, "the registration of FIR is mandatory under Section 154 of Cr.P.C, if the information discloses commission of a cognizable offence....."
In that view of the matter, none of the cases registered against the petitioners would survive.
All three petitions are allowed.
The FIR in Crime No.60/2015, on the file of Prl. Civil Judge & JMFC, Challakere and consequential proceedings is quashed.
7
The entire proceedings in CC No.180/2014, on the file of VI Metropolitan Magistrate, Traffic Court, Bangalore, is quashed.
The FIR in Crime No.60/2015, on the file of the Prl. Civil Judge & JMFC, Challakere and consequential proceedings is quashed.
Sd/-
JUDGE JTR