Karnataka High Court
Sri Ramachandraiah M R vs State Of Karnataka on 2 August, 2017
Author: Aravind Kumar
Bench: Aravind Kumar
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2nd DAY OF AUGUST, 2017
BEFORE
THE HON'BLE MR. JUSTICE ARAVIND KUMAR
WRIT PETITION NOs.33547-33548/2017 (GM - RES)
BETWEEN:
1. SRI RAMACHANDRAIAH M.R
S/O LATE RANGAIAH,
AGED ABOUT 59 YEARS,
DEPUTY CHIEF ENGINEER,
KARNATAKA URBAN WATER
SUPPLY AND DRAINAGE BOARD,
OFFICE OF THE CHIEF ENGINEER,
NO.927, 6TH MAIN ROAD,
NEW KANTHARAJA URS ROAD,
OPP:BANDANTHAMMA CHOULTRY,
SARASWATHIPURAM,
MYSURU - 570 009.
2. SRI A.C.CHAMARAJEGOWDA
S/O LATE CHANNEGOWDA,
AGED ABOUT 57 YEARS,
SELECTION GRADE EXECUTIVE
ENGINEER, KARNATAKA URBAN WATER
SUPPLY AND DRAINAGE BOARD,
PRESENTLY WORKING AT
"THEME PARK", LEARNING CENTRE,
YELAHANKA, DODDABALLAPURA ROAD,
BANGALORE - 560 106.
... PETITIONERS
(BY SRI H.N. SHASHIDHARA, ADV.,)
AND:
STATE OF KARNATAKA
REPRESENTED BY PSI,
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MANDYA RURAL POLICE STATION,
MANDYA - 571 432.
... RESPONDENT
(BY SRI S.RACHAIAH, HCGP)
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA
READ WITH SECTION 482 OF Cr.P.C PRAYING TO QUASH
THE CHARGE SHEET VIDE ANNEXURE - B IN
C.C.489/2017 FOR THE ALLEGED OFFENCES UNDER
SECTIONS 175, 176, 177, 283, 338 AND 34 OF IPC., ON
THE FILE OF THE JMFC COURT, MANDYA DISTRICT,
MANDYA.
THESE WRIT PETITIONS COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Though, matters are listed for orders, by consent of learned counsel appearing for parties, these petitions are taken up for final disposal since, it can be disposed of at the preliminary stage itself on a short question of law.
2. Heard Sri Shashidhara H.N., learned counsel appearing for petitioners and Sri S.Rachaiah, learned HCGP appearing for respondent-State and perused the records.
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3. Facts in brief leading to these petitions are as under:
Petitioners are working as Engineers in Karnataka Urban Water Supply and Drainage Board (for short 'Board), Jalabhavan, Bangalore. 1st petitioner is working as Deputy Chief Engineer in the office of Chief Engineer, Mysore and 2nd petitioner is working as Selection Grade Executive Engineer at 'Theme Park' Water and Waste Water Learning Centre, Yelahanka, Bangalore Division. On 01.03.2015 one Sri K.Channappa filed a complaint before respondent - Police alleging that on 28.02.2015 around 9.30 p.m., his sister Smt.Bhagyamma after attending marriage at Chandradarshan Kalyan Mantap, near Mandya City on Hosalli-Karasavadi Road, Air Valve chamber in front of BSNL quarters measuring 4 x 4 feet width and depth of 4 feet was left open to sky, as a result of which, she fell into said chamber and sustained fracture of leg and also sustained serious injuries all over body and she was shifted to Mandya Hospital. Hence, alleging negligence on the part of 4 Mandya City Water Supply Board and negligence of Officers alleging that chamber was kept open and thereby Officers had exhibited negligence and they were directly responsible for her injuries. On these grounds, her brother lodged a complaint belatedly next day i.e., on 1.3.2015 though the incident occurred on 28.2.2015. Said complaint was registered in Crime No.86/2015 - Annexure-'A' and on completion of investigation, charge sheet came to be filed in CC.No.489/2017 against present petitioners.
4. It is the contention of Sri H.N.Shashidhara, learned counsel appearing for petitioners that jurisdictional Court could not have taken cognizance of case against petitioners, since no permission was obtained by the State from the competent Authority before filing of charge sheet against the petitioners under Section 197 of Cr.P.C. Though, it is contended on merits that petitioners could not be expected to give 24/7 monitoring valve chambers across the city of Mandya and it is humanly impossible, said contention is not examined in the light of Co-ordinate Bench of this 5 Court in the case of Crl.P.No.5177/2014 disposed of on 13.11.2014 having held that non-obtaining of permission from the competent Authority under Section 197 of Cr.P.C would vitiate the proceedings and cognizance taken pursuant to such illegality, proceedings is to be set aside. The order of learned Judge taking cognizance of offence by directing the trial Court to return the charge sheet to respondent therein with a liberty to file charge sheet afresh accompanied by sanction order, similar order deserves to be passed. Hence, this Court is of the considered view that, if identical and similar order is passed, it would meet the ends of justice, particularly, in the light of undisputed fact that there is no prior permission obtained from the competent Authority before charge sheet came to be filed as required under Section 197 of Cr.P.C., since, petitioners are public servants as defined under Section 21 of IPC and permission ought to have been obtained under Section 197 of Cr.P.C., by the competent authority before initiating criminal proceedings which is conspicuously absent in the instant case. 6
5. Even according to allegations made in the complaint, alleged act done by the petitioners as a public servants is in discharge of their official duties and act of negligence alleged against petitioners by the complainant has a direct nexus to their official duty. In other words, act alleged is having a reasonable nexus to their official duty and as such, sanction for prosecution was necessarily required to be obtained from competent Authority before complaint came to be lodged against them, which is not obtained even according to prosecution.
Hence, I proceed to pass the following ORDER
(i) Writ Petitions are hereby allowed in part.
(ii) Order dated 22.4.2017 in C.C.No.489/2017
- Annexure-'C' passed by JMFC, Mandya, taking cognizance of offence punishable under Section 175, 176, 177, 283, 338 read with Section 34 of IPC is hereby set aside insofar as petitioners are concerned. 7
(iii) Trial court is directed to return the charge sheet to the respondent-Police namely Mandya Rural Police with liberty to file charge sheet afresh accompanied by a sanction order insofar as it relates to petitioners herein are concerned.
(iv) In the event of such fresh charge sheet being filed, learned Magistrate shall proceed to pass orders on merits and in accordance with law.
SD/-
JUDGE PB