Suresh G. vs Ibrahim D. on 21 March, 2019

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Karnataka High Court

Suresh G. vs Ibrahim D. on 21 March, 2019

Bench: John Michael Cunha

                            1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 21ST DAY OF MARCH, 2019

                       BEFORE

     THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA

             CRIMINAL PETITION NO.985/2014

BETWEEN

1.     SURESH G.
       S/O G MANKU
       A/a 34 YEARS,

2.     SUJATHA G
       D/O G MANKU
       A/a 30 YEARS,

3.     SUNEETHA G,
       D/O G. MANKU,
       A/a 26 YEARS,

PETITIONER NO.1 TO 3 ARE
R/AT GUTTU - MANE HOUSE,
PERUVAI VILLAGE & POST,
BANTWAL TALUK, D K-574182

PETITIONER NO.1 TO 3 ARE THE
LR's OF THE DECEASED ACCUSED
BEFORE THE TRIAL COURT.              ... PETITIONERS

(BY SRI KETHAN KUMAR, ADV.)
                               2



AND

IBRAHIM D.
AGED ABOUT 44 YEARS,
S/O PUTTHABBA,
ARIGA-MAJALU HOUSE,
DARKASTHU,
SAVANOOR VILLAGE,
PUTTUR, D.K-574202.                      ... RESPONDENT


(RESPONDENT SERVED AND UNREPRESENTED.)


     THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS
(ANNEXURE-A) IN C.C.NO.2161/2002 PENDING BEFORE THE
ADDL. C.J. (SR. DN.) AND J.M.F.C., PUTTUR, D.K.

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


                           ORDER

Petitioners have sought to quash the entire proceedings in CC NO.2161/02 on the file of Addl.Civil Judge (Sr.Division) and JMFC, Puttur, D.K. on the ground that the said proceedings were conducted against a dead person.

2. The respondent herein filed a private complaint under Section 200 of Cr.PC seeking action against one Sri G.Manku S/o.Nittoni, Guttu Mane House, Peruval, Bantwal Tq.., Dakshina Kannada. Learned Magistrate, by order dated 21.7.2007 convicted the said G.Manku (accused) and sentenced him to pay a fine of Rs.1 lakh and in default to undergo simple imprisonment for six months.

3. Thereafter, learned Magistrate issued fine levy warrant (`FLW' for short) against the said accused Sri G.Manku. However, the warrant was returned to the Court with a report that the accused Sri G.Manku died on 31.5.2007. On receipt of this report, learned Magistrate issued FLW against the L.Rs of the deceased G.Manku.

4. Petitioners are the LRs of aforesaid G.Manku. Learned counsel for the petitioners has produced the death certificate issued by the Tahsildar, Bantwal Taluk which discloses that the aforesaid G.Manku S/o. Nittoni died on 4 31.5.2007. The respondent, though served has remained unrepresented. He has not disputed the said document nor has controverted the averments made in the petition which indicate that as on the date of the pronouncement of the judgment in CC No.2161/02, the sole accused G.Manku had died as a result, the said order passed against a dead person is a nullity and the learned Magistrate, after having come to know about the death of sole accused, ought to have stopped the proceedings, instead, the learned Magistrate has proceeded to enforce the said order passed against a dead person by issuing the FLW. The said order being contrary to the settled canons of justice, cannot be sustained.

Consequently, the petition is allowed. The order dated 21.07.2007 passed by the Addl.Civil Judge and JMFC, Puttur is declared as nullity. The sole accused in CC No.2161/02 having died during the pendency of the said 5 proceedings, the proceedings against him are declared as abated.

Consequently, the proceedings in CC No.2161/02 are quashed. The order dated 12.3.2012 passed by the learned Magistrate also stands quashed.

Sd/-

JUDGE Sk/-

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