Karnataka High Court
Boganahalli Sannegouda Prakash vs The State Of Karnataka on 24 July, 2023
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2023:KHC-D:7667
CRL.P No. 101425 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 24TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
CRIMINAL PETITION NO. 101425 OF 2023
BETWEEN:
1. BOGANAHALLI SANNEGOUDA PRAKASH,
AGE: 67 YEARS, OCC: DIGP RETIRED,
R/O: NO.33, 1ST MAIN, JAYALAXMIPURAM,
MYSURU, KARNATAKA- 570001.
2. SURESH B. MASUTI,
AGE: 67 YEARS, OCC: DYSP RETIRED,
R/O: KCD ROAD, DHARWAD
DIST: DHARWAD, KARNATAKA- 580001.
3. CHANDRASHEKHAR S/O. RAMACHANDRA NEELAGAR,
AGE: 62 YEARS, OCC: DYSP PTS KHANAPUR,
R/O: H.NO.143, SAMBHAJI ROAD, KHASBAG,
TQ AND DIST: BELAGAVI- 590001.
4. HARISHKUMAR MAHADEVAPPA,
AGE: 44 YEARS, OCC: CPI H.D. KOTE PS,
CHANDRASHEKAR
LAXMAN R/O: PURIGALI, TQ: MALAVALLI,
KATTIMANI DIST: MANDYA, NOW AT: POLICE QUARTERS,
H.D. KOTE, TQ AND DIST: MYSORE- 570001.
5. CHANNABASAPPA S/O. VEERAPPA INGALAHALLI,
Digitally signed by
CHANDRASHEKAR AGE: 51 YEARS, OCC: HEAD CONSTABLE DCRB GADAG,
LAXMAN R/O: CHIKKAHANDIGOL,
KATTIMANI
TQ AND DIST: GADAG- 582101.
Date: 2023.07.26
10:59:20 -0700
6. MALLAPPA S/O. YALLAPPA KAVALI,
AGE: 65 YEARS, OCC: AGRICULTURE,
NOW AT KERINARAYANAPUR,
TQ: KUNDAGOL, DIST: DHARWAD- 580011.
...PETITIONERS
(BY SRIYUTHS V.M. SHEELVANT, M.L. VANTI AND
ROHIT L. SHEELVANT, ADVOCATES)
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NC: 2023:KHC-D:7667
CRL.P No. 101425 of 2023
AND:
1. THE STATE OF KARNATAKA,
BY PSI BETAGERI EXTENSION PS,
GADAG, BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH- 580011.
2. NAZEERAHMED S/O. ANNESAB SHALGAR,
AGE: 70 YEARS, OCC: AGRICULTURE,
R/O: SALGAR ONI, SHIRAHATTI,
TQ: SHIRAHATTI, NOW AT RAJPUR ONI,
BETAGERI-GADAG- 582101.
...RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1;
SRI. SHIVASAI M. PATIL, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C. SEEKING TO QUASH THE ORDER DATED 21.07.2018 AND
ALL FURTHER PROCEEDINGS INITIATED AGAINST THEM IN C.C.NO.
1348/2018 (BETAGERI EXTENSION PS, CRIME NO. 20/2009)
PENDING ON THE FILE OF I ADDL. CIVIL JUDGE AND J.M.F.C. I
GADAG FOR THE OFFENCE P/U/SEC. 142, 143, 147, 323, 343, 436,
504, 506(2) R/W 149 OF IPC AND ORDER DATED 02.06.2023
PASSED BY THE ADDL. DIST. AND SESSIONS JUDGE, GADAG IN
CRL.REVISION PETITION NO. 32/2019.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
Heard Sri V.M.Sheelvant, learned counsel for the petitioners, learned High Cour t Government Pleader for respondent No.1 and Sri Shivasai M.Patil, -3- NC: 2023:KHC-D:7667 CRL.P No. 101425 of 2023 learned counsel for respondent No.2. P erused the records.
2. The pres ent petition is filed under Section 482 of Cr.P.C. with the following prayer :-
"To qua sh the order dated 21.07.2018 and all furth er proceedings initiated against them in C.C.No.1348/2018 (Betageri Extension PS, Crime No.20/2009) pending on the file of I Addl. Civil Judge and J.M.F.C. I Gadag for th e offence p/u/sec. 142, 143, 147, 323, 343, 436, 504, 506(2) r/w 149 of IPC and order dated 02.06.2023 passed by the Addl. Dist. and Sessions Judge, Gadag in Crl.Revision Petition No. 32/2019."
3. The brief facts of the case are as under :-
A private complaint came to be filed which was registered in PCR No.129/2008 filed by the second respondent against th e petitioners her ein. On receipt of the private complaint, lear ned trial Magistrate -4- NC: 2023:KHC-D:7667 CRL.P No. 101425 of 2023 referred th e same under Section 156(3) Cr.P.C. for investigation and report.
3.1 Based on the same, police registered a cas e in Crime No.20/2009 on 23.02.2009 for the offences punishable under Sections 143, 147, 323, 343, 142, 504, 307, 436, 506(2) read with Section 149 IPC against the petitioners herein and investigated the matter th oroughly. After suc h investigation, filed 'B' final rep ort.
3.2 Notice of the 'B' report wa s furnished to the defa cto complainant. Same was protested by filing a protest petition. Thereafter, th e s worn statement of defacto complainant-Nazeer Ahmed and one witness Ramappa Naik as CW1 and CW2.
Further, documents were also relied upon whic h were considered by the learned Magistrate by order dated 11.07.2018 withou t rejecting the 'B' report, the learned Magistrate took cognizance and registered the criminal case and issued proc ess. Same is called in q uestion in this petition. -5-
NC: 2023:KHC-D:7667 CRL.P No. 101425 of 2023
4. Reiterating the grounds urged in the petition, Sri V.M.Sheelvant, learned counsel for the petitioner s contended that the order pas sed by the learned Magis trate is against th e scheme of Cod e of Criminal Procedure and opp osed to principles of law enun ciated in Dr.Ravikum ar vs. Mrs. KMC Vasantha repor ted in (2018) 2 KLJ 140 and s ought for quas hing the order.
5. Per contra, Sri Shivasai M.Patil, learned cou nsel submitted that the impugned order is suffering from technical mistake and therefore, petition needs to be dismissed.
6. Learned High Court Govern ment Pleader con tended that since the police after thorough investigation filed 'B' final report, role of investigation agency has come to an end and sought for passing appropriate order. -6-
NC: 2023:KHC-D:7667 CRL.P No. 101425 of 2023
7. In view of the rival contentions of the parties, this Court perused the material on record meticulously.
8. On such perusal of the material on record, it is seen that before taking cognizance of the afor esaid offences, based on the sworn sta tement and other materials placed by the complainant and his witness, the trial Magistrate has not rejected the 'B' final rep ort which is opposed to the principles of law enunciated in Dr.Ravikumar's case supra a nd is also opposed to the scheme of the Code of Cri minal Procedure.
9. Accordingly, impugned ord er cann ot be sustained in the eye of la w.
10. Hence, following order is passed.
ORDE R The criminal petition is allowed. Impugned order dated 21.07.2018 on the file of I Addl.Civil Judge and J.M.F.C. I, Gadag is hereby set aside.
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NC: 2023:KHC-D:7667 CRL.P No. 101425 of 2023 Matter remitted to the trial Court for fresh disposal in accordance with law from the stage of taking cognizance.
Sd/-
JUDGE CLK List No.: 2 Sl No.: 73