Karnataka High Court
Dr Mohan Manganani vs The State Of Karnataka By on 30 September, 2020
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF SEPTEMBER, 2020
BEFORE
THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR
CRIMINAL PETITION NO.1041 OF 2017
BETWEEN:
DR MOHAN MANGANANI,
AGED ABOUT 54 YEARS,
S/O MR S B MANGANANI,
MANAGING TRUSTEE,
NEW HORIZON EDUCATIONAL
AND CULTURAL TRUST,
DR KAREEM KHAN ROAD,
H A L 2ND STAGE,
INDIRANAGAR,
BANGALORE-560008. ...PETITIONER
(BY SRI M R C MANOHAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY
JEEVAN BHEEMANAGARA POLICE,
BANGALORE CITY,
REP. BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING,
BANGALORE-560001.
2. H HARIYAPPA,
POLICE SUB INSPECTOR,
JEEVAN BHEEMANAGARA
POLICE STATION,
BENGALURRU-560038. ...RESPONDENTS
(BY SMT RASHMI JADHAV HCGP FOR R1& R2 )
2
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 CR.P.C PRAYING TO QUASH THE ENTIRE
PROCEEDINGS IN C.C.NO.51160/2015 (CR.NO.272/2014)
REGISTERED BY JEEVAN BHEEMANAGARA P.S.,
BANGALORE FOR THE OFFENCE P/U/S 188 OF IPC AND
PRESENTLY THE CASE IS PENDING ON THE FILES OF X
ACMM, MAYO HALL, BANGALORE.
THIS PETITION COMING ON FOR ADMISSION THIS
DAY, THE COURT MADE THE FOLLOWING THROUGH
VIDEO CONFERENCE / PHYSICAL HEARING:
ORDER
This petition is filed under Section 482 of the Code of Civil Procedure to quash the entire proceedings in C.C. No.51160/2015 (Crime No.272/2014 registered at Jeevan Bheemanagar Police Station) on the file of X Additional Chief Metropolitan Magistrate (Mayo Hall), Bengaluru, for the offence punishable under Section 188 of IPC.
2. The prosecution case is that the petitioner who is the Managing Trustee of New Horizon Educational and Cultural Trust, Bengaluru, has violated the guidelines issued by the Commissioner of 3 Police, Bengaluru, vide Circular No.157/MAG(1)/others /2014 dated 26.07.2014, thereby, he has committed the offence punishable under Section 188 of IPC.
3. Heard learned counsel for the petitioner and learned High Court Government Pleader. Perused the records.
4. The learned counsel for the petitioner submits that as per the Circular / guidelines issued by the Commissioner of Police, there was a need for introducing the GPS system to the School Vans, installation of CCTV, appointment of Floor Vigilance Officers for each floor of the School, issuance of I.D. Courts to the students & parents and also registering the cell numbers of parents of all the students, directing all the staff to wear the I.D. Cards, access control at the gates of the school, appointment of women security personnel and night shift security. All these directions of the Police Commissioner have been complied with by 4 installing the CCTV, appointment of concerned staff as Vigilance Officers, etc. In support of the said contention, the photographs and the report issued by the Police Commissioner dated 13.12.2004 are produced.
5. On perusal of these records, it is evident that there is compliance of the guidelines issued by the Commissioner of Police. Under these circumstances, if the trial is conducted before the Magistrate Court, no fruitful purpose would be served. In the facts and circumstances of the case, there are valid grounds for quashing the entire proceedings initiated against the petitioner. Accordingly, this Court pass the following:
ORDER i. The Criminal Petition is allowed. ii. Entire proceedings in C.C. No.51160/2015 (Crime No.272/2014 registered at Jeevan Bheemanagar 5 Police Station) on the file of X Additional Chief Metropolitan Magistrate (Mayo Hall), Bengaluru, is hereby quashed.
Sd/-
JUDGE SJ