Karnataka High Court
Laxmikanta @ Vinay vs The State on 13 February, 2014
Author: S.N.Satyanarayana
Bench: S.N.Satyanarayana
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 13TH DAY OF FEBRUARY 2014
BEFORE
THE HON'BLE MR.JUSTICE S.N.SATYANARAYANA
Crl.P.No.130/2014 C/W
Crl.P. NOs.131/2014, 679/2014, 680/2014, 681/2014,
682/2014, 683/2014, 684/2014, 739/2014 and 740/2014
BETWEEN:
LAXMIKANTA @ VINAY,
AGED 29 YEARS,
S/O RAMAKRISHNAPPA,
R/A No.32,
NEAR YESHWANTHPURA RAILWAY STATION,
MUNESHWARA NAGAR,
BANGALORE - 560 032.
...COMMON
PETITIONER
(BY SRI DILRAJ JUDE ROHIT SEQUEIRA, ADV.,)
AND :
THE STATE REPRESENTED
THROUGH THE INSPECTOR OF POLICE,
JNANABHARATHI POLICE,
REPRESENTED BY THE STATE
PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BANGALORE - 560 001.
...COMMON
RESPONDENT
(BY SRI M.NARAYANA REDDY, SPP)
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CRL.P 130/2014 IS FILED UNDER SECTION 482
CRIMINAL PROCEDURE CODE PRAYING TO QUASH THE
ORDER OF COMMITAL OF THE CASE DATED 30.05.2013 BY
THE IX A.C.M.M., BANGALORE IN S.C.No.800/2013, IN SO
FAR AS THE OFFENCE U/S 413 OF IPC IS CONCERNED
AGAINST THE PETITIONER AND REMAND THE CASE TO THE
IX A.C.M.M. FOR TRIAL OF OFFENCE U/S 392 IPC.
CRL.P 131/2014 IS FILED UNDER SECTION 482
CRIMINAL PROCEDURE CODE PRAYING TO QUASH THE
ORDER OF COMMITAL OF THE CASE DATED 30.05.2013 BY
THE IX A.C.M.M., BANGALORE, IN S.C.NO.809/2013, IN SO
FAR AS THE OFFENCE U/S. 413 OF IPC IS CONCERNED
AGAINST THE PETITIONER AND REMAND THE CASE TO THE
IX A.C.M.M. FOR TRIAL OF OFFENCE U/S 392 IPC.
CRL.P 679/2014 IS FILED UNDER SECTION 482
CRIMINAL PROCEDURE CODE PRAYING TO QUASH THE
ORDER OF COMMITAL OF THE CASE DATED 30.05.2013 BY
THE IX A.C.M.M., BANGALORE IN SO FAR AS THE OFFENCE
U/S 413 OF IPC IS CONCERNED AGAINST THE PETITIONER
AND REMAND THE CASE TO IX A.C.M.M. FOR TRIAL OF
OFFENCE U/S 392 IPC NOW PENDING ON THE FILE OF
F.T.C-12, BANGALORE IN S.C.NO.799/2013.
CRL.P 680/2014 IS FILED UNDER SECTION 482
CRIMINAL PROCEDURE CODE PRAYING TO QUASH THE
ORDER OF COMMITAL OF THE CASE DATED 30.05.2013 BY
THE IX A.C.M.M., BANGALORE IN SO FAR AS THE OFFENCE
U/S 413 OF IPC IS CONCERNED AGAINST THE PETITIONER
AND REMAND THE CASE TO IX A.C.M.M. FOR TRIAL FOR
OFFENCE U/S 392 OF IPC NOW PENDING ON THE FILE OF
F.T.C-12, BANGALORE IN S.C.NO.807/2013.
CRL.P 681/2014 IS FILED UNDER SECTION 482
CRIMINAL PROCEDURE CODE PRAYING TO QUASH THE
ORDER OF COMMITAL OF THE CASE DATED 30.05.2013 BY
THE HON'BLE COURT OF IX ADDL.C.M.M., BANGALORE IN
SO FAR AS THE OFFENCE U/S 413 OF IPC IS CONCERNED
AGAINST THE PETITIONER AND REMAND THE CASE TO IX
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ADDL.C.M.M. FOR TRIAL OF OFFENCE U/S 392 IPC NOW
PENDING ON THE FILE OF F.T.C-12, BANGALORE IN
S.C.NO.798/2013.
CRL.P 682/2014 IS FILED UNDER SECTION 482
CRIMINAL PROCEDURE CODE PRAYING TO QUASH THE
ORDER OF COMMITAL OF THE CASE DATED 30.05.2013 BY
THE HON'BLE COURT OF IX ADDL.C.M.M., BANGALORE IN
SO FAR AS THE OFFENCE U/S 413 OF IPC IS CONCERNED
AGAINST THE PETITIONER AND REMAND THE CASE TO IX
ADDL.C.M.M. FOR TRIAL OF OFFENCE U/S 392 IPC NOW
PENDING ON THE FILE OF F.T.C-12, BANGALORE IN
S.C.NO.810/2013.
CRL.P 683/2014 IS FILED UNDER SECTION 482
CRIMINAL PROCEDURE CODE PRAYING TO QUASH THE
ORDER OF COMMITAL OF THE CASE DATED 30.05.2013 BY
THE HON'BLE COURT OF IX ADDL.C.M.M., BANGALORE IN
SO FAR AS THE OFFENCE U/S 413 OF IPC IS CONCERNED
AGAINST THE PETITIONER AND REMAND THE CASE TO IX
ADDL.C.M.M. FOR TRIAL FOR OFFENCE U/S 392 IPC NOW
PENDING ON THE FILE OF F.T.C-12, BANGALORE IN
S.C.NO.798/2013.
CRL.P 683/2014 IS FILED UNDER SECTION 482
CRIMINAL PROCEDURE CODE PRAYING TO QUASH THE
ORDER OF COMMITAL OF THE CASE DATED 30.05.2013 BY
THE HON'BLE COURT OF IX ADDL.C.M.M., BANGALORE IN
SO FAR AS THE OFFENCE U/S 413 OF IPC IS CONCERNED
AGAINST THE PETITIONER AND REMAND THE CASE TO IX
ADDL.C.M.M. FOR TRIAL OF OFFENCE U/S 392 IPC NOW
PENDING ON THE FILE OF F.T.C-12, BANGALORE IN
S.C.NO.853/2013.
CRL.P 684/2014 IS FILED UNDER SECTION 482
CRIMINAL PROCEDURE CODE PRAYING TO QUASH THE
ORDER OF COMMITAL OF THE CASE DATED 30.05.2013 BY
THE HON'BLE COURT OF IX ADDL.C.M.M., BANGALORE IN
SO FAR AS THE OFFENCE U/S 413 OF IPC IS CONCERNED
AGAINST THE PETITIONER AND REMAND THE CASE TO IX
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ADDL.C.M.M. FOR TRIAL OF OFFENCE U/S 392 IPC NOW
PENDING ON THE FILE OF F.T.C-12, BANGALORE IN
S.C.NO.797/2013.
CRL.P 739/2014 IS FILED UNDER SECTION 482
CRIMINAL PROCEDURE CODE PRAYING TO QUASH THE
ORDER OF COMMITAL OF THE CASE DATED 24.08.2013 BY
THE IX A.C.M.M., BANGALORE IN SO FAR AS THE OFFENCE
U/S 413 OF IPC IS CONCERNED AGAINST THE PETITIONER
AND REMAND THE CASE TO IX A.C.M.M. FOR TRIAL OF
OFFENCE U/S 392 OF IPC NOW PENDING ON THE FILE OF
F.T.C-12, BANGALORE IN S.C.NO.1213/2013.
CRL.P 740/2014 IS FILED UNDER SECTION 482
CRIMINAL PROCEDURE CODE PRAYING TO QUASH THE
ORDER OF COMMITAL OF THE CASE DATED 30.05.2013 BY
THE IX A.C.M.M., BANGALORE IN SO FAR AS THE OFFENCE
U/S 413 OF IPC IS CONCERNED AGAINST THE PETITIONER
AND REMAND THE CASE TO IX A.C.M.M. FOR TRIAL
OFFENCE U/S 392 IPC NOW PENDING ON THE FILE OF
F.T.C-12, BANGALORE IN S.C.NO.811/2013.
THESE PETITIONS COMING ON FOR ADMISSION THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
The common accused in Crime Nos.334/2012, 154/2012, 89/2011, 284/2012, 156/2012, 03/2011, 462/2012, 157/2012, 155/2012 and 443/2012 registered in Jnanabharathi Police Station, Bangalore, has come up in these criminal petitions seeking quashing of -5- the chargesheet filed in these proceedings on the ground that there is an error on the part of the respondent - Jnanabharathi Police Station in charging him for the offence punishable under Section 413 of the Indian Penal Code in addition to Sections 334 and 392 of IPC.
2. Admittedly, in all these ten cases, the allegation against the petitioner is that he has admitted to snatching of chains from various victims, who are not parties before this Court and at the behest of the said victims, FIRs., were registered in the respondent - Police Station and investigation was launched. It is the case of the petitioner that in the investigation, which was commenced pursuant to such FIRs., registered against him, the Investigating Authority has come to the conclusion that the petitioner has committed offences punishable under Sections 334, 392 and 413 IPC. It is stated that in all these ten cases, the jurisdictional Magistrate has committed the aforesaid cases to Sessions -6- Court in view of Section 413 of IPC., being invoked. The ground of attack against such committal in all these petitions is that as on the date of committing the cases against the petitioner, the stolen property were restored to the complainants - owners. As such, in terms of Section 412 IPC, the property having been restored to the original owners, it ceases to be the stolen property and therefore, charging him for the offence of dealing with stolen property under Section 413 IPC., is erroneous. Hence, the order of committal is required to be set aside and the matter should be remanded back to the jurisdictional Magistrate Court to be tried for the offence punishable under Section 392 IPC., and other related offences and not under Section 413 IPC.
3. Heard the learned counsel for petitioner in all these petitions. Perused the chargesheet filed in each of the cases along with the complaints filed therein. In the first place, these petitions are not maintainable for the -7- simple reason that the complainants are not made party in criminal petitions, which are filed challenging the committal of proceedings from the Court of Magistrate to the Court of Sessions. The complainants, at whose behest, the proceedings are initiated are necessary party in the present petitions. The said complainants are not made party in these petitions and that is one defect. Be that as it may, now coming to the grounds, which are urged seeking remand of the matter to the jurisdictional Magistrate Court, it is clearly seen that in all these cases, the offence alleged and the finding of the Investigating Authority clearly discloses the possibility of the petitioner involved in committing robbery and theft of gold chains and dealing with the same in making an attempt to dispose of the said material by pledging it with various dealers of Gold ornaments. The Investigating Authority, having secured enough material to make out a case of said offence against the petitioner, has rightly charged him for the said offence and in view of Section 413 IPC., being -8- invoked, the learned Magistrate has rightly committed these cases to Sessions Court. The contention of the petitioner that since the subject matter of theft having been restored to the original owners, the same ceases to be a stolen property, is erroneous presumption of legal position. The restoration of goods to the complainants is conditional and that is subject to the prosecution proving beyond all reasonable doubt that the said object was the object, which was stolen from the complainants and that the petitioner is proved to be guilty of committing theft of the same and committed attempt to dispose of the said material through persons, who are dealing with the stolen property.
4. In that view of the matter, the restoration of possession of property to complainants during pendency of the criminal prosecution launched pursuant to the chargesheet issued against the petitioner would not absolve him of the offence punishable under Section 413 -9- IPC. In the circumstances, initiating proceedings under Section 413 of IPC., against the petitioner appears to be just and proper and committal of criminal proceedings launched against him to Sessions Court also appears to be just and proper. The order of committal does not merit reconsideration in these criminal petitions.
Accordingly, these criminal petitions filed by the common petitioner are hereby dismissed.
Sd/-
JUDGE sma