Karnataka High Court
Ishwar S/O. Fakkirappa Hugar vs The State Of Karnataka on 19 November, 2013
Author: Jawad Rahim
Bench: Jawad Rahim
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 19TH DAY OF NOVEMBER, 2013
BEFORE
THE HON'BLE Dr.JUSTICE JAWAD RAHIM
CRIMINAL PETITION No.11316/2013
BETWEEN:
1. ISHWAR, S/O FAKKIRAPPA HUGAR,
AGE: 58 YEARS, OCC: AGRICULTURE,
R/O: BHADUR BANDI ROAD,
KOPPAL, TQ & DIST: KOPPAL.
2. K.B. GONAL
AGE: 40 YEARS, OCC: AGRICULTURE,
R/O: BENKI NAGAR, KOPPAL,
TQ & DIST: KOPPAL.
3. D.H. POOJAR
AGE: 46 YEARS, OCC: AGRICULTURE,
R/O: DEVARAJ URS COLONY,
KOPPAL, TQ & DIST: KOPPAL.
4. HANAMESH POOJAR
AGE: 26 YEARS, OCC: AGRICULTURE,
R/O: DEVARAJ URS COLONY,
KOPPAL, TQ & DIST: KOPPAL.
5. BASAVARAJ MYDAPPA NAREGAL
AGE: 38 YEARS, OCC: AGRICULTURE,
R/O: NAREGAL, TQ & DIST: KOPPAL.
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6. SHAKIR HUSSAIN
AGE: 35 YEARS, OCC: AGRICULTURE,
R/O: BAHADUR BANDI ROAD, KOPPAL
TQ & DIST: KOPPAL.
7. ABDUL REHAMAN M
ABDUL RASHEED @ ABDUL REHMAN)
AGE: 36 YEARS, OCC: AGRICULTURE,
R/O: BAHADUR BANDI ROAD, KOPPAL
TQ & DIST: KOPPAL.
8. KHAJAHUSSAIN E. REVADI
AGE: 35 YEARS, OCC: AGRICULTURE,
R/O: BAHADUR BANDI ROAD, KOPPAL
TQ & DIST: KOPPAL.
9. AKBARSAB POLICEMANI
AGE: 45 YEARS, OCC: AGRICULTURE,
R/O: BAHADUR BANDI ROAD, KOPPAL
TQ & DIST: KOPPAL.
10. SMT GAEETABAI SHRIKANT JADHAV
(GEETABAI JADHAV)
AGE: 28 YEARS, OCC: AGRICULTURE,
R/O: BAHADUR BANDI ROAD, KOPPAL
TQ & DIST: KOPPAL.
11. SHAMSHAD BEGAM BALEGAR
AGE: 32 YEARS, OCC: AGRICULTURE,
R/O: BAHADUR BANDI ROAD, KOPPAL
TQ & DIST: KOPPAL.
12. MAMTAZ BEGAM
AGE: 36 YEARS, OCC: AGRICULTURE,
R/O: BAHADUR BANDI ROAD, KOPPAL
TQ & DIST: KOPPAL.
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13. MAMTAZ BEGAM S
AGE: 45 YEARS, OCC: AGRICULTURE,
R/O: BAHADUR BANDI ROAD, KOPPAL
TQ & DIST: KOPPAL.
14. MAHAMAD ANVAR
AGE: 37 YEARS, OCC: AGRICULTURE,
R/O: BAHADUR BANDI ROAD, KOPPAL
TQ & DIST: KOPPAL.
15. JAFARSAB M GONDABAL
AGE: 58 YEARS, OCC: AGRICULTURE,
R/O: BAHADUR BANDI ROAD, KOPPAL
TQ & DIST: KOPPAL.
16. VEERESH PUJAR
AGE: 30 YEARS, OCC: AGRICULTURE,
R/O: BAHADUR BANDI ROAD, KOPPAL
TQ & DIST: KOPPAL.
17. MAHAMAD IQBAL JAMEER AHMAD
AGE: 53 YEARS, OCC: AGRICULTURE,
R/O: BAHADUR BANDI ROAD, KOPPAL
TQ & DIST: KOPPAL.
18. NAJAMUDDIN FAKRUSAB SANDOOR
AGE: 32 YEARS, OCC: AGRICULTURE,
R/O: BAHADUR BANDI ROAD, KOPPAL
TQ & DIST: KOPPAL.
19. JAFARSAB FAKRUSAB SANDOOR
AGE: 36 YEARS, OCC: AGRICULTURE,
R/O: BAHADUR BANDI ROAD, KOPPAL
TQ & DIST: KOPPAL.
... PETITIONERS
(By Sri. SANTOSH B MALAGOUDAR, ADV.)
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AND:
THE STATE OF KARNATAKA
THROUGH P S I KOPPAL TOWN
POLICE SATION,
REPTD. BY SPP, SPP OFFICE,
DHARWAD BENCH, DHARWAD.
... RESPONDENT
(By Sri. V M BANAKAR : ADDL SPP)
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THIS CRIMINAL PETITION IS FILED U/S 482 OF
CR.P.C. SEEKING TO QUASH THE FIR AND COMPLAINT
IN CRIME NO.34/2013 REGISTERED IN KOPPAL TOWN
POLICE STATION, DATED 12.03.2013 FOR THE
OFFENCES P/U/S 143, 147, 341 R/W 149 OF IPC ON
THE FILE OF THE CHIEF JUDICIAL MAGISTRATE,
KOPPAL.
THIS PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioners are arraigned as accused in Crime No.34/2013 facing charge for offences punishable under Sections 143, 147, 341 read with Section 149 of the Indian Penal Code, 1860, seek quashing of the proceedings. :5:
2. Heard regarding admission. Perused case papers. It reveals;
The Deputy Commissioner of Police of the jurisdiction has suo motto registered a case against the petitioners on the ground, at 10.00 am on 12.03.2013, the petitioners formed an unlawful assembly and committed rioting and disturbed public peace and tranquility. They indulged in altercation necessitating police action. The FIR is now under investigation.
3. At this stage, the petitioners have rushed to this Court seeking quashing of the proceedings on the ground, the petitioners are responsible citizens and had learnt that the beneficial scheme formed by the Government to provide home shelters to the needy under IHSDP scheme was not being given effect to and the deserving public was deprived of the :6: benefit. They contend, on 10.03.2013, they wanted to submit a representation to the Deputy Commissioner of the District requesting him to give benefit to the beneficiaries in terms of the said scheme. Therefore, they arranged a meeting and went in procession to the office of the Deputy Commissioner. Later, the meeting was postponed to 12.03.2013. The petitioners 2 to 6 had gone to the police station requesting the SHO to grant them permission, assuring him that they will maintain peace and tranquillity and only submit a representation to the Deputy Commissioner. They alleged that, SHO of the jurisdictional police station received the application, but without giving any reply, chased them away. Later, they requested senior officers to facilitate them to submit representation to the Deputy Commissioner to allot 149 houses :7: under the Ashraya scheme to the needy persons. When they were so arriving to submit the representation, the Deputy Superintendent of Police and other officials prevented them and have registered a false case.
4. The learned counsel for the petitioners submits, registration of the case is only intended to frustrate peaceful possession arranged by the petitioners. He submits, such an act on the part of the police accounts depriving fundamental right of the petitioners and therefore, the proceedings initiated against them in Crime No.34/2013 has to be held as illegal and misuse of process of law.
5. Even though the learned counsel submits, that the petitioners were moving in procession to submit representation, but the FIR reveals they indulged in restraining :8: movements of people and the Government officials, thereby preventing them from discharging their duties. Be that as it may. The case is under investigation. If at all the petitioners have acted bona fide, then the same would be canvassed before the trial Court and in the witness of things, they can seek compounding of offences, which the learned counsel submits, petitioners would be doing.
6. Therefore, this petition is rejected with the observation, if the petitioners seek permission to compound the offence, the learned Magistrate shall give them liberty and then deal with the case in accordance with law.
SD/-
JUDGE gab/-