Karnataka High Court
M/S Tiffins Barytes Asbestis And Paints ... vs State Of Karnataka on 11 April, 2011
Author: V.Jagannathan
Bench: V.Jagannathan
IN THE HIGH COURT QF"'KARNATAVI{A'I:v
CIRCUIT BENCH AT'--.DH:AR'INAD_ _
DATED THIS THE 117"'.4_DAYSIO_EAPRIL;PIQf) I
"
THE HON'BLE MR. JUSTICE._V';--.IIAGZ\NI\IAT1rI§AN
CRLPXENO-'I11oS5'1",<.20"i*II _
BETWEEN: I = ' < I
M/S TIFFIN'S B_AR_YTES; 'ASI3ESTI'jS_ &.IP/ISINTS LTD.,
OFFICE AT NO'. IE, _ ' A '
GOPALAKRI.S'--H NA _S{TRE~ET'-,_,(wEST), TNACAR,
CHENNAI-i6OQ.."IVI7.'--..
REP.BY__ PI_TS*vVI'CE:.; PRES'IDENT
MR.N;G.P'RE.IyI, SEt3AR."~.IV"- '
. . ....PETITIONER
(BY SR'I__S.N.AS.wAT«IIANARA§=?AN, ADV.)
AND: . ._
1.STATE O~E_I<ARNA'IiAI<;A, I EIEPBY ITS 'SECRETARY, .H"OIyI.E DEPARTMENT, VIDHANA SOUDHA, P' DRANIBE-DKAR VEEDHI, BANG/\LORE--56O O01. .P_TIIE.ISIuPER'INTENDENT OF POLICE, '- ._E.ELL.A~.RYvDISTRICT, BELLARY. {Vi} THE DEPUTY SUPERINTENDENT OF POLICE, "'~I3EL'L'AR«*I? RURAL, BELLARY DISTRICT. I4, TIIECIRCLE INSPECTOR OF POLICE, V I 'KUDATINI POLICE STATION, BELLARY DISTRICT.
THE SUB INSPECTOR OF POLICE, KUDATINI POLICE STATION, BELLARY DISTRICT. I-laraginadona village, Bellary District and the pevtitiolner's corn an has been a in ro alt to the Gove'1'--n_r1ient.of. P Y P)' 8 Y Y Karnataka. The petitioner's company en__te4redFi_i:nto an ' agreement of partnership with one Sri._CLSathyanarayana_on' l5.l2.2003 and the said pagrtnershipillcameg:t.olani' 14.12.2008 and all the andi"._l_iabi.lities "of the' partnership were said Sathyanarayana failed mining area and apart the petitioner's company 'l.;op.e'rations. Therefore, petitio.n'e"r~ 'tide-"ilMadras High Court in was pleased to restrain the aboviiegusaidirSgathyanarayana by an order of interim iniuinctiion fronii'-vi.n_te_rfering the mines in any manner and ~ interfe.rir1.g'«wi'th the petitioner's mining operations. Despite of interim injunction obtained by the petitior"1ier,"t.he above said Sathyanarayana defied the Court "order of the Madras High Court and started to load iron ore hinitoiiltheir vehicles and prevented the petitioner from doing "mining operations. Fgherefore, the petitioner wrote to the K 4 Deputy Superintendent of Police, Bellary Rura-l___ on 26.07.2009, seeking protection for the petitionerls'-iiiistocyk lying at mines and to take necessary action againstthel V' Sathyanarayana and his agents whlollhave "of ii minerals worth Rs.35.00 lakhs tonnes).
3. As the police onitheiicomplaint given by the authorized the petitioner's company, Court, seeking direction 2 'c.oun_sel for the petitioner referred to the above, suitable direction to the police to a_cL~on the e.ornp'lain'f lodged by the company. 5_.VTh.ei"*submission of the learned High Court 'Gov.ernrrie_'n.tPleader is that, the petitioner's company can avail the reinedy available under Section 200 of the Cr.P.C. private complaint and, therefore, this petition under 482 is liable to be dismissed.
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6. Having thus heard, the point for consideration is whether the direction as sought for by the petitioner ;"car1~._be given to the concerned police?
7. Section 482 of the Cr.P.Cff exercise its inherent powers under certain ci.rc'u.rn.sta._n'ces'.~_g The said section itself indicatesthe c1£c».;ms:;:=;1¢é--s"2:nd theyll are the powers of the,---High to-~oAexercis'e.. its inherent powers:
i) TO_ina__l<e such' 'o1'de'r.s'--.as be necessary to g-i_ve lefifectvto any ordejrunder this Code.
ii) 2' To 'prevent t'he:fab'us'e process of any Court or .iii)''* -. eAOjther:V$;ri'se"'to 'secu.re"tl1e ends ofjustice.
87.. lteis ther'ef_ore'cle'ar that the High Court can exercise its inherent' powers rneet the ends ofjustice and in other wO:rcl~s,;g_--tAhe.i_interestofjustice requires the Court to interfere pi of the Cr.P.C.
Sorrie of the instances of inherent powers of the High Court being exercised are for the purposes of:
i) Quashing of FIR;
ii) Quashing of complaint;
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iii) Passing direction to register the case;
iv) Passing direction to reinvestigation; V) Passing direction on SC/ST Acts and seek bail; and
vi) Quashing of any orderfpassed ably the.coiu_rtVbéf1ow. in revision etc.
10. In the instant case,-the pe:itiioner'sicoiI1pany§* hadgii approached the High Court ofcludiicatureiiat and had obtained an order 'against one Sri.Sathyanarayana c;rdih§fl_~:(v/..fi_i---the Court was passed on said order, the petitioners 19.07.2009 wrote to the Police Station, Bellary seekingu police' 'and in the said letter, the petitio_Vner'sl"'cornpanyi'*also brought to the attention of the conlclern-ed».police,"th'ei order passed by the High Court of JuidiCaiti.i:rei.l'at:iMadras in O.A.No.686/2009 and copy of the order of tlie_ High Court of Judicature at Madras was also enclosed; Thereafter, the petitioner again wrote to the Superintendent of Police requesting the said Superintendent of Police to send the police officials to carryout the directions } P l of the High Court of Madras. Thereafter, it was inforrned to the petitioners company by its security in-ch'a.rgei'~Von 26.07.2009 that the contractor Sathyanarayana . and agents entered the mines and took the .:rii'ri'es'fF1i$asuVri11g"' 1950 tonnes and though the security resist, he and other persons were thre'atenediii"iafn.d_ b¢Viaten._Vi; This was again followed by 2i6.07.2009 by the authorized company addressed to the Police, Bellary Rural, theft of minerals from the sought against the committed theft of mines ii"w_orthi and give protection to the petiti0_ner'sl"=company'*.in°'respect of the stock lying at the """
all these correspondence from the peit'i-ttiorier ~s.i'c1e, no action was taken by the police, it is under Wthese circumstances, the petitioner has came up before this under Section 482 of Cr.P.C., seeking necessary V ._...direction.
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direction to the police becomes necessary, so that, the interest ofjustice is taken care of.
13. It is also a well settled law that, ii the Cr.P.C. is a sort of reminder to .th*e-H,igh'_ Courts',thlavtfthey are not merely courts in law, but ialsogcourts'-oifjusticeandy posses inherent powers to i'e_rnQve injustice;gThe'"'inVh'erent"V powers in the High Court is an.li'na_l'i'e_nable"attribute of the position it holds with respect to subordinate to it.
14. F'_or*th'e-- afo_resai..d r'eais'or_'1-s,_ar}.d having regard to the facts V. n.-arr-ated above, direction sought*'I"oIt the};petit.ioner's'Company has to be issued.
Accordingly, I' the order.
- i;['h.e" lthiird iresipondent--Deputy Superintendent of Police, l=B'ellaAry Ruralmis directed to register the case on the lodged by the petitioner's company and thereafter, to take necessary action as open to him in law. Sd/-
IUDGE i " "MBS/«