Karnataka High Court
Miss.Joshine Antony D/O Antony George vs The State Of Karnataka on 15 December, 2018
IN THE HIGH COURT OF KARNATAKA
DHARWAD BEN CH
DATED THIS THE 15 T H DAY OF DECEMBER, 2018
BEFORE
THE HON'BLE MR. JUSTICE BELLUNK E A . S .
CRL.P.NO.101925/ 2018
C/W
CRL.P.NO.102221/ 2018
CRL.P.NO.102222/ 2018
CRL.P.NO.102223/ 2018
CRL.P.NO.102224/ 2018
CRL.P.NO.102225/ 2018
IN CRL.P.NO.101925/2018
BETWEEN :
MISS.JOSHINE AN TONY DEFACTO
D/O ANTONY GEORGE,
AGE: 36 YEARS , OCC: S ERVICE,
R/O: 11/ 1A , 22/ 1BP, KPJ NILAYAM,
3 R D CROSS , M.P.LA YOUT,
BOMMANAHALLI,
BENGLA URU- 560068.
... PETITIONER
(BY SRI PRASHAN T F GOUDAR, ADV OCATE)
AND :
1. THE STATE OF KARNATAKA,
THROUGH MAL MARUTI POLI CE STAT ION,
BELAGAVI , M .M. EXTENSION,
BELAGAVI- 590016.
REP.BY ADDL. STA TE PUBLI C PROS ECUTOR,
HIGH COURT OF K ARNATAKA,
DHARWAD.
2. FIZA EXPORTS
2
REPRES ENTED BY THIS TENANTS
M/S. KGN SUPPLIER,
MR.MINAZ S/O CHAND SHAIKH,
AGE: 45 YEARS , OCC: BUSINESS ,
R/O: 1301, SY.N O.635,
AUTO NA GAR,
BELAGAVI- 590015.
... RES PONDENTS
(BY SRI PRAVEEN K.UPPAR, HCGP FOR R1)
THIS CRIMINAL PETITION IS FILED UNDER
SECTION 482 OF CR.P.C., PRAYING TO SET ASIDE THE
ORDER DATED 20.09.2018 PASSED BY THE I ADDL.
DISTRICT AND SESSION JUD GE, BELA GAVI IN
CRL.REV .PET .NO.441/ 2018 FILED BY THE PETITIONER
UNDER SECTION 397 OF THE CODE OF CRIMINAL
PROCEDURE, 1973, VID E ANNEXURE-A AND TO SET
ASIDE THE ORDER DATED 21.08.2018 PASSED BY THE
II JMFC, BELAGAV I, WHEREIN THE MAGISTRATE WAS
TO ALLOW THE APPLI CATION FILED BY THE
RESPOND ENT NO.2 UNDER SECTION 457 OF THE COD E
OF CRIMINAL PROCED URE, 1973, IN MMPS CRIME
NO.45/ 2018 FOR THE OFFEN CES PUNISHABLE UNDER
SECTIONS 420 AN D 429 OF THE IN DIAN PENAL CODE
R/W SECTIONS 4, 8, 9 AND 11 OF THE KARNATAKA
PREVENTION OF COW SLAUGHT ER AND CATTLE
PRESERVATI ON ACT AND SECTIONS 11( 1)(D) OF THE
PREVENTION OF CRUELTY OF ANIMALS ACT, 1960 VID E
ANNEXURE-B.
IN CRL.P.NO.102221/2018
BETWEEN :
MISS.JOSHINE D/ O GEORGE ANTON Y,
AGE: 30 YEARS , OCC: S ERVICE,
R/O: 11/ 1A , 22/ 1BP, KPJ NILAYAM,
3 R D CROSS , M.P.LA YOUT, BOMMANAHALLI,
BENGLA URU- 560068.
... PETITIONER
(BY SRI PRASHAN T F GOUDAR, ADV OCATE)
3
AND :
1. THE STATE OF KARNATAKA
THROUGH MAL MARUTI POLI CE STAT ION,
BELAGAVI , M .M.EXTENSION,
BELAGAVI , REPRESENTED BY
ADDL. STATE PUBLIC PROSECUTOR,
HIGH COURT OF K ARNATAKA,
DHARWAD BEN CH,
DHARWAD-580011.
2. BARAFWALA F OOD S,
REPRES ENTED BY ITS PARTNER,
MR.SHAKIR INAYA T HUSAIN ,
BARAFWALA, AGE: 56 YEARS ,
OCC: BUSINESS ,
R/O: 10 T H HIGH STREET,
CAMP, BELAGAVI- 590001.
3. BARAFWALA COLD STORAGE,
AND AGRO PROCESSOR,
REPRES ENTED BY ITS PARTNER,
MR.MOHAMMED HUSAIN,
INAYAT HUSAIN BARAFWALA,
AGE: 54 YEARS , OCC: BUSINESS ,
R/O: 10 T H HIGH STREET,
CAMP, BELAGAVI- 590001.
... RES PONDENTS
(BY SRI PRAVEEN K UPPAR HCGP FOR R.1)
THIS CRIMINAL PETITION IS FILED U/S 482 OF
CR.P.C. S EEKING TO SET ASIDE THE ORDER DATED
12.10.2018 PASS ED BY THE I ADDL. DIST . &
SESSIONS JUD GE, BELAGAVI , IN CRL.R.P.N O.472/ 2018
FILED BY THE PRESENT PETITIONER UNDER SECTION
397 OF CR.P.C. 1973, VIDE ANNEXURE-A. AND TO SET
ASIDE THE ORDER DATED 21.08.2018, VIDE
ANNEXURE-K PA SSED BY THE II JMFC COURT,
BELAGAVI , WHEREIN THE LEARNED MAGISTRATE WAS
TO ALLOW THE APPLI CATION FILED BY THE
RESPOND ENT NO.2 & 3 UND ER SECTION 451 OF
CR.P.C., 1973, IN MMPS CRIME NO.45/ 2018 F OR THE
4
OFFENCES PUNIS HABLE UND ER SECTIONS 420 & 429
OF THE INDIAN PENAL CODE R/W SECTIONS. 4, 8, 9 &
11 OF THE KARNATAKA PREVENTION OF COW
SLAUGHT ER AND CATTLE PRESERVATION ACT AND
SECTIONS 11(1) ( D) OF THE PREVENTION OF CRUELTY
TO ANIMALS A CT, 1960.
IN CRL.P.NO.102222/2018
BETWEEN :
MISS. JOSHIN E D/ O GEORGE ANTON Y,
AGE: 30 YEARS , OCC: S ERVICE,
R/O: 11/ 1A , 22/ 1BP, KPJ NILAYAM,
3 R D CROSS , M.P.LA YOUT, BOMMANAHALLI,
BENGLA URU- 560068.
... PETITIONER
(BY SRI PRASHAN T F GOUDAR, ADV OCATE)
AND :
1. THE STATE OF KARNATAKA
THROUGH MAL MARUTI POLI CE STAT ION,
BELAGAVI , M .M. EXTENSION,
BELAGAVI , REPRESENTED BY
ADDL. STATE PUBLIC PROSECUTOR,
HIGH COURT OF K ARNATAKA,
DHARWAD BEN CH, DHARWAD-580011.
2. SHRUSHTI A GRO COLD ST ORAGE,
REPRES ENTED BY ITS OWNER,
MR.AMOL S/ O VID YADHAR MOHANDA S,
AGE: MAJOR, OCC: BUSINESS ,
@ AUTO NAGAR, BELAGAVI- 590016.
... RES PONDENTS
(BY SRI PRAVEEN K UPPAR HCGP FOR R.1)
THIS CRIMINAL PETITION IS FILED UNDER
SECTION 482 OF T HE CODE OF CRIM INAL PROCEDURE,
SEEKING TO SET ASIDE THE ORDER DATED 12.10.2018
PASSED BY THE I ADDL. DIST. & SESSIONS JUDGE,
5
BELAGAVI , IN CRL.R.P.N O.482/ 2018 FILED BY THE
PRESENT PETITIONER AND ALLOWI NG THE CRIMINAL
REVISION PETITION FILED BY THE RESPOND ENT NO.2
UNDER SECTI ON 397 OF COD E OF CRIMINAL
PROCEDURE, 1973, VIDE ANNEXURE-A AND SET ASIDE
THE ORDER DATED 07.09.2018, VIDE ANNEXURE- K
PASSED BY THE II JMFC COURT, BELAGAVI , WHEREI N
THE LEARN ED M AGISTRATE WAS TO ALLOW THE
APPLICATION FILED BY THE RESPONDENT NO.2 UND ER
SECTION 451 R/ W SECTION 457 OF CR.P.C., IN
M.M.P.S . CRIME N O.45/ 2018 .
IN CRL.P.NO.102223/2018
BETWEEN :
MISS. JOSHIN E D/ O GEORGE ANTON Y
AGE: 30 YEARS , OCC: S ERVICE,
R/O: 11/ 1A , 22/ 1BP, KPJ NILAYAM,
3 R D CROSS , M.P.LA YOUT, BOMMANAHALLI,
BENGALURU- 560068.
... PETITIONER
(BY SRI PRASHAN T F GOUDAR, ADV OCATE)
AND :
1. THE STATE OF KARNATAKA,
THROUGH MAL MARUTI POLI CE STAT ION,
BELAGAVI , M .M. EXTENSION,
BELAGAVI , REPRESENTED BY
ADDL. STATE PUBLIC PROSECUTOR,
HIGH COURT OF K ARNATAKA,
DHARWAD BEN CH, DHARWAD-580011.
2. NILE AGRO FOOD PRIVATE LIMITED,
REPRES ENTED BY ITS GPA HOLDER,
MR.MUSHIRUDDIN S/O KHATALSAB BEPARI ,
AGE: MAJOR, OCC: BUSINESS ,
@ AUTHO NAGA R,
BELAGAVI- 590016.
... RES PONDENTS
(BY SRI PRAVEEN K. UPPAR, HCGP F OR R1.)
6
THIS CRIMINAL PETITION IS FILED UNDER
SECTION 482 OF CR.P.C. SEEKING TO SET ASIDE THE
ORDER DATED 12.10.2018 PASSED BY THE I ADDL.
DIST. & SESSIONS JUDGE, BELAGAVI , IN
CRL.R.P.NO.470/ 2018 FILED BY THE PRESEN T
PETITIONER UNDER SECTION 397 OF THE COD E OF
CRIMINAL PROCED URE, 1973, VIDE ANNEXURE-A AND
SET ASIDE THE ORDER DATED 31.08.2018, VIDE
ANNEXURE-K PA SSED BY THE II JMFC COURT,
BELAGAVI , WHEREIN THE LEARNED MAGISTRATE WAS
TO ALLOW THE APPLI CATION FILED BY THE
RESPOND ENT NO.2 UNDER SECTION 457 OF THE COD E
OF CRIMINAL PROCED URE, 1973 IN M.M.P.S .CRIM E
NO.45/ 2018.
IN CRL.P.NO.102224/2018
MISS. JOSHIN E D/ O GEORGE ANTON Y,
AGE: 30 YEARS , OCC: S ERVICE,
R/O: 11/ 1A , 22/ 1BP, KPJ NILAYAM,
3 R D CROSS , M.P.LA YOUT, BOMMANAHALLI,
BENGALURU- 560068.
... PETITIONER
(BY SRI PRASHAN T F. GOUDAR, ADV OCATE)
AND :
1. THE STATE OF KARNATAKA,
THROUGH MAL MARUTI POLI CE STAT ION,
BELAGAVI , M .M. EXTENSION,
BELAGAVI , REPRESENTED BY
ADDL. STATE PUBLIC PROSECUTOR,
HIGH COURT OF K ARNATAKA,
DHARWAD BEN CH,
DHARWAD-580011.
2. SB TRADERS
REPRES ENTED BY THIS PROPRI ETORS,
MR.NAYEEM S/O Y AKUB CHOUDARY,
AUTO NA GAR, BELAGAVI-590016.
... RES PONDENTS
(BY SRI PRAVEEN K.UPPAR, HCGP FOR R1)
7
THIS CRIMINAL PETITION IS FILED UNDER
SECTION 482 OF CR.P.C. SEEKING TO SET ASIDE THE
ORDER DATED 12.10.2018 PASSED BY THE I ADDL.
DIST. & SESSIONS JUDGE, BELAGAVI , IN
CRL.RP.NO.471/2018 FI LED BY THE PRES EN T
PETITIONER UNDER SECTION 397 OF THE COD E OF
CRIMINAL PROCED URE, 1973, VIDE ANNEXURE-A . AND
SET ASIDE THE ORDER DATED 31.08.2018, VIDE
ANNEXURE-K PA SSED BY THE II JMFC COURT,
BELAGAVI , WHEREIN THE LEARNED MAGISTRATE WAS
TO ALLOW THE APPLI CATION FILED BY THE
RESPOND ENT NO.5 UNDER SECTION 451 OF THE COD E
OF CRIMINAL PROCED URE, 1973 I N M.M.P.S. CRIME
NO.45/ 2018 FOR THE OFFEN CES PUNISHABLE UNDER
SECTIONS 420 & 429 OF THE INDIAN PENA L CODE R/W
SECTIONS 4, 8, 9 & 11 OF THE KARNATAKA
PREVENTION OF COW SLAUGHT ER AND CATTLE
PRESERVATI ON A CT AND SECTION 11( 1) (D) OF THE
PREVENTION OF CRUELTY T O ANIMA LS ACT , 1960.
IN CRL.P.NO.102225/2018
MISS. JOSHIN E D/ O GEORGE ANTON Y,
AGE: 30 YEARS , OCC: S ERVICE,
R/O: 11/ 1A , 22/ 1BP, KPJ NILAYAM,
3 R D CROSS , M.P.LA YOUT, BOMMANAHALLI,
BENGALURU- 560068.
... PETITIONER
(BY SRI PRASHAN T F GOUDAR, ADV OCATE)
AND :
1. THE STATE OF KARNATAKA
THROUGH MAL MARUTI POLI CE STAT ION,
BELAGAVI , M .M. EXTENSION,
BELAGAVI , REPRESENTED BY
ADDL. STATE PUBLIC PROSECUTOR,
HIGH COURT OF K ARNATAKA,
DHARWAD BEN CH,
DHARWAD-580011.
2. SEVEN STAR GROUPS,
REPRES ENTED BY ITS PARTNER,
8
MR.IMRANKHAN S/O MEHABOOBKHAN PATHAN ,
AGE: 35 YEARS , OCC: BUSINESS ,
R/O: H.NO.4725, KAKAR GALLI ,
BELAGAVI- 590001.
... RES PONDENTS
(BY SRI PRAVEEN K UPPA , HCGP FOR R1)
THIS CRIMINAL PETITION IS FILED UNDER
SECTION 482 OF CR.P.C. SEEKING TO SET ASIDE THE
ORDER DATED 12.10.2018 PASSED BY THE I ADDL.
DIST. & SESSIONS JUDGE, BELAGAVI , IN
CRL.RP.NO.481/2018 FI LED BY THE PRES EN T
PETITIONER UNDER SECTION 397 OF THE COD E OF
CRIMINAL PROCED URE, 1973, VIDE ANNEXURE-A AND
SET ASIDE THE ORDER DATED 06.09.2018, VIDE
ANNEXURE-N PA SSED BY THE II JMFC COURT,
BELAGAVI , WHEREIN THE LEARNED MAGISTRATE WAS
TO ALLOW THE APPLI CATION FILED BY THE
RESPOND ENT NO.2 UNDER SECTION 451 OF THE COD E
OF CRIMINAL PROCED URE, IN M.M.P.S. CRI ME
NO.45/ 2018 FOR THE OFFEN CES PUNISHABLE UNDER
SECTIONS 420 & 429 OF THE INDIAN PENA L CODE R/W
SECTIONS. 4, 8, 9 & 11 OF THE KARNATAKA
PREVENTION OF COW SLAUGHT ER AND CATTLE
PRESERVATI ON ACT AND SECTIONS 11( 1) (D) OF THE
PREVENTION OF CRUELTY T O ANIMA LS ACT , 1960.
THESE CRIMINAL PETITIONS COM ING ON FOR
ORDERS THIS DAY, THIS COURT MADE THE
FOLLOWING:
O R D E R
Sri V.M.Sheelvanth, learned counsel is directed to take notice for respondent No.2.
2. Heard learned counsel on both sides at length.
9
3. While hearing the matter in the second half, it is pointed out that the Investigating Officer has already filed an application before the Judicial Magistrate First Class Court seeking permission to destroy the property in question on the ground that it is contraband property.
4. These petitions are filed seeking to quash the order dated 20.09.2018 passed in Criminal Revision Petition Nos.441/2018 and orders dated 12.10.2018 passed in Crl.R.P.No.472/2018, Crl.R.P.No.482/2018, Crl.R.P.No.470/2018, Crl.R.P.No.471/2018 and Crl.R.P.No.481/2018 by the I Additional District and Sessions Judge, Belagavi
5. By the said orders, the learned Sessions Judge has relaxed the conditions imposed by the Trial Court at the time of ordering the release of the property. The subject matter involved in this criminal petitions is that, the meat said to have 10 been seized by the Investigating Officer in Crime No.45/2018 was registered is contraband meat. Hence the case was registered for the offences punishable under Section 420 and 429 of the Indian Penal Code read with Sections 4, 8, 9 & 11 of the Karnataka Prevention of Cow Slaughter and Cattle Preservation Act, and Sections 11(1)(d) of the Prevention of Cruelty to Animals Act, 1960.
6. The orders passed by the learned Magistrate releasing the property with certain condition was earlier challenged in the above said criminal revision petitions before the learned District and Sessions Judge both by the complainant as well as the persons accused of for the offences.
7. The meat was stored in cold storage owned by petitioner in W.P.No.102467/2018. In the said writ petition, he had sought for issue a writ of mandamus or any other order or direction 11 to declare that the seal put up by the respondents to the cold storage/business premises of the petitioner's firm.
8. The writ petitions in W.P.No.102964/ 2018 C/w W.P.No.102965/2018 came to be disposed of by this Court by making certain observation pertaining to the property seized and also about an obligation of the offences alleged incident in question. Against that the present petitioner had filed special leave petition before the Hon'ble Supreme Court of India in SLP (Crl.) No.6505-6506/2018. The Hon'ble Supreme Court in paragraph Nos.6 and 7 of its judgment observed as under:
"6. Having heard the learned counsel for the parties and on perusal of the record of the case, we are inclined to dispose of these appeals with an observation that the Investigating Officer (IO) of the case and the concerned Magistrate, who is trying the case will not be influenced by any 12 observations made by the High Court while making and completing the investigation and trying the case on merits.
7. In other words, the IO and Magistrate concerned would proceed in the matter strictly in accordance with law on the basis of evidence and would not be influenced, in any manner, by the observation made by the High Court in the impugned order.
9. Now, it is submitted that the Investigating Officer has filed application before the jurisdictional magistrate seeking permission to destruction of the seized meat stored in the cold storage on the ground that the library report disclosed that the meat in question is contraband meat it is at Annexure-R. It is also submitted that the said application is still pending before the learned J.M.F.C.
10. In this case the issue involved is regarding release of property to accused on 13 certain conditions and relaxation of those conditions by the learned Sessions Judge. In view of this, application filed by the Investigating Officer seeking permission to destroy the contra band meat based on the lab report of ICAR (National Research Centre on Meat) situated at Hyderabad. Therefore, if the application is disposed of by the learned Magistrate in accordance with law, the question of passing orders on the release of property with condition and relaxation of such conditions etc., would not survive for consideration at all. There is already observation by the Hon'ble Supreme Court that the observation made in the writ petition shall influence the Trial Court. Therefore, with very same observation, I find that, if the learned Magistrate is directed to dispose of the application filed by the Investigating Officer as per Annexure- R, the matter would come to an end.
14
11. The learned counsel for the petitioners has also sought for direction for time bond disposal of that application. Having regard to the nature of property involved in the case I found that it is justifiable to direct the Trial Court to dispose of the application first expeditiously. Thereafter, the parties are liberty to question that order in appropriate forum. With that observation the present criminal petitions are disposed off.
SD/-
JUDGE E M/ -