Ramesh vs Bangalore Metropoliton Task Force on 11 December, 2018

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Karnataka High Court

Ramesh vs Bangalore Metropoliton Task Force on 11 December, 2018

Bench: P.S. Dinesh Kumar

                             1

                                       CRL.P. NO.2908/2014


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 11TH DAY OF DECEMBER, 2018

                         BEFORE

      THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR

           CRIMINAL PETITION No.2908 OF 2014

BETWEEN:

1.     RAMESH
       S/O NARAIAH
       AGED ABOUT 39 YEARS
       WORKING AS: HEALTH INSPECTOR
       WARD NO.95
       GANDHI NAGARA RANGE BBMP
       R/O # 11, JAKKARAYANAKERE
       OPP: HOTEL SWATHI
       SHESHADRIPURAM
       BANGALORE - 560 020

2.     NARASIMALU
       S/O LATE NARAYANA
       AGED ABOUT 53 YEARS
       WORKING AS: HEALTH INSPECTOR
       WARD NO.110
       SAMPANGIRAM NAGARA RANGE BBMP
       R/O #13, N-BLOCK, JAKKARAYANAKERE
       OPP: HOTEL SWATHI
       SHESHADRIPURAM
       BANGALORE - 560 020                 ... PETITIONERS

(BY SHRI J.D.KASHINATH, ADVOCATE)

AND:

1.     BANGALORE METROPOLITON TASK FORCE
       BBMP PREMISES
       N.R.SQUIRE
       BANGALORE - 560 002
       REPRESENTED BY SPP
                              2

                                         CRL.P. NO.2908/2014



2.   SRI BHARATH SINGH (MANJU)
     #22, RAMASWAMY PALYA
     M.R. PALYA
     BANGALORE - 560 059                   ... RESPONDENTS


(BY SHRI S.RACHAIAH, HCGP FOR R.1;
 NOTICE TO R.2 - SERVED & UNREPRESENTED)


      THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO QUASH THE FIR FILED IN CRIME
NO.174/2012 ON THE COMPLAINT OF BARATH SINGH (MANJU),
FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 417, 419, 465,
468, 110 OF IPC AND ALSO CHARGE SHEET IN ABOVE CRIME, IN
C.C.NO.18099/2013 THE RESPONDENT POLICE PENDING ON THE
FILE OF C.M.M., BANGALORE AS PER ANNEXURE - A AND B.


      THIS CRIMINAL PETITION COMING ON FOR ADMISSION
THIS DAY, THE COURT MADE THE FOLLOWING:-


                          ORDER

Heard Shri J.D. Kashinath, learned advocate for the petitioners and Shri S. Rachaiah, learned HCGP for the State.

2. Petitioners are health inspectors working with Bruhath Bengaluru Mahanagara Palike ('BBMP' for short). Respondent No.1-Bangalore Metropolitan Task Force ('BMTF' for short) filed FIR No.174/2012 on 21.08.2012 3 CRL.P. NO.2908/2014 alleging commission of offences punishable under Sections 114, 417, 419, 465, 466, 468 and 110 of IPC.

3. The principal contention urged by Shri Kashinath is that BMTF has no power and authority to investigate offences punishable under IPC. In support of the said contention, he placed reliance on the decision of this Court in H. Pramod and another Vs. Government of Karnataka & others (W.Ps.No.12381-12382/2013 decided on 23.07.2013). This position of law is not disputed by Shri S. Rachaiah, learned HCGP, who appears for respondent No.1- BMTF.

4. In view of the decision of the Division Bench of this Court in H.Pramod (supra), BMTF could not have filed the charge sheet and investigated the matter. Resultantly, this petition merits consideration and it is accordingly allowed. FIR No.174/2012 and charge sheet in C.C.No.18099/2013 pending on the file of Chief Metropolitan Magistrate, Bengaluru, are quashed. 4 CRL.P. NO.2908/2014

5. In view of disposal of the petition, I.A.No.1/2014 does not survive for consideration and the same stands disposed of.

No costs.

Sd/-

JUDGE AV

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