Rayappa vs Ningappa And Anr on 17 February, 2022

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Karnataka High Court

Rayappa vs Ningappa And Anr on 17 February, 2022

Bench: V.Srishananda

                          1




          IN THE HIGH COURT OF KARNATAKA
                 KALABURAGI BENCH

      DATED THIS THE 17TH DAY OF FEBRUARY, 2022

                       BEFORE

       THE HON'BLE MR. JUSTICE V.SRISHANANDA

        CRIMINAL PETITION No.200901/2018
                      C/W
      CRIMINAL PETITION Nos.200903/2018 &
                 200904/2018

CRL.P.NO.200901/2018

BETWEEN

RAYAPPA S/O NINGAPPA DODDAMANI
AGE:40 YEARS, OCC:ADVOCATE,
R/O MALAHALLI, TQ.SHORAPUR,
DIST.YADGIR 585202.
                                       ...PETITIONER

(BY SRI. NARENDRA N. BETTAD, ADVOCATE)

AND
1 . SIDDAPPA S/O JATTEPPA HOMBALKAL
AGE:64 YEARS, OCC:AGRI.,
R/O MALAHALLI, TQ.SHORAPUR,
DIST.YADGIRI 585202.
2 . THE STATE OF KARNATAKA
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
KALABURAGI BENCH - 585102.
                                     ...RESPONDENTS
(BY SRI GURURAJ V. HASILKAR, HCGP FOR R2;
SRI ANAVEER SWADI, ADVOCATE FOR R1)
                           2




    THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING TO
QUASH THE C.C.NO.246/2012 (P.C.NO.55/2012) PENDING
ON THE FILE OF JMFC AT SHORAPUR FOR THE OFFENCE
PUNISHABLE U/SEC. 191, 192, 196, 200, 415, 420, 463,
464, 468, 470, 109 & 149 OF IPC AND CONSEQUENTLY BE
PLEASED TO ACQUIT THE PETITIONER, IN THE INTEREST
OF JUSTICE AND EQUITY.

CRL.P.NO.200903/2018

BETWEEN

RAYAPPA S/O NINGAPPA DODDAMANI
AGE:40 YEARS, OCC:ADVOCATE,
R/O MALAHALLI, TQ.SHORAPUR,
DIST.YADGIR 585202.
                                        ...PETITIONER

(BY SRI NARENDRA N. BETTAD, ADVOCATE)

AND

1 . NINGAPPA S/O LAXMAN,
AGE:64 YEARS, OCC:AGRI,
R/O MALAHALLI, TQ.SHORAPUR,
DIST.YADGIRI 585202.

2 . THE STATE OF KARNATAKA
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
KALABURAGI BENCH - 585102.
                                      ...RESPONDENTS

(BY SRI GURURAJ V. HASILKAR, HCGP FOR R2;
SRI ANAVEER SWADI, ADVOCATE FOR R1)

   THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING TO
QUASH THE C. C.NO.247/2012 (PC.NO.56/2012) PENDING
ON THE FILE OF THE JMFC AT SHRAPUR FOR THE
                           3




OFFENCE PUNISHABLE U/SEC.191, 192, 196, 200, 415,
420, 463, 464, 468, 470, 109, 149, OF IPC AND
CONSEQUETNLY BE PLEASED TO ACQUIT THE PETITONER.

CRL.P.NO.200904/2018

BETWEEN

RAYAPPA S/O NINGAPPA DODDAMANI
AGE:40 YEARS, OCC:ADVOCATE,
R/O MALAHALLI, TQ.SHORAPUR,
DIST.YADGIR 585202.
                                        ...PETITIONER

(BY SRI NARENDRA N. BETTAD, ADVOCATE)

AND

1 . MALLAPPA S/O RAYAPPA METI
AGE:48 YEARS, OCC:AGRI,
R/O MALAHALLI, TQ.SHORAPUR,
DIST.YADGIRI 585202.

2 . THE STATE OF KARNATAKA
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
KALABURAGI BENCH - 585102.
                                      ...RESPONDENTS

(BY SRI GURURAJ V. HASILKAR, HCGP FOR R2;
SRI ANAVEER SWADI, ADVOCATE FOR R1)

    THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING TO
QUASH THE C.C.NO.244/2012 (P.C.NO.53/2012) PENDING
ON THE FILE OF JMFC AT SHORAPUR FOR THE OFFENCE
PUNISHABLE U/SEC. 191, 192, 196, 200, 415, 420, 463,
464, 468, 470, 109 & 149 OF IPC AND CONSEQUENTLY BE
PLEASED TO, ACQUIT THE PETITIONER, IN THE INTEREST
OF JUSTICE AND EQUITY.
                                  4




     THESE PETITIONS COMING ON FOR ADMISSION
THIS DAY, THE COURT MADE THE FOLLOWING:

                               ORDER

Heard the learned counsel for the petitioner, learned High Court Government Pleader for respondent No.2 - State and learned counsel for respondent No.1 - complainant.

2. These petitions are filed under Section 482 of Cr.P.C. with the following prayer:

In Crl.P.No.200901/2018

"The petitioner is praying to quash the C.C.No.246/2012 (P.C.No.55/2012) pending on the file of JMFC at Shorapur for the offence punishable u/Sec. 191, 192, 196, 200, 415, 420, 463, 464, 468, 470, 109 & 149 of IPC and consequently be pleased to acquit the petitioner, in the interest of justice and equity."

In Crl.P.No.200903/2018

"The petitioner is praying to quash the C. C.NO.247/2012 (PC.No.56/2012) pending on the file of the JMFC at Shorapur for the offence 5 punishable u/sec.191, 192, 196, 200, 415, 420, 463, 464, 468, 470, 109, 149, of IPC and consequently be pleased to acquit the petitioner."

In Crl.P.No.200904/2018

"The petitioner is praying to quash the C.C.No.244/2012 (P.C.No.53/2012) pending on the file of JMFC at Shorapur for the offence punishable u/Sec. 191, 192, 196, 200, 415, 420, 463, 464, 468, 470, 109 & 149 of IPC and consequently be pleased to, acquit the petitioner, in the interest of justice and equity."

3. The petitioner in these petitions is accused No.7. This Court in Criminal Petition No.16001/2012 in respect of C.C.No.245/2012 has quashed the complaint by order dated 12.08.2013. The present petitioner is accused No.7 and allegations found against the present petitioner are also similar to the allegations found against Nos.2 to 4, who are the Government Officials, who said to have acquired the land at the instance of accused No.7. The matter is of the civil nature.

4. Further, since this Court has already quashed the complaint against accused Nos.2 to 4 in the aforesaid 6 criminal petition and facts of these cases are also practically similar, this Court is of the considered opinion that a case is made out by the petitioner to quash the further proceedings pending against him. Hence, pass the following:

ORDER The petitions are allowed.

The further proceedings pending against the petitioner/accused No.7 in C.C.No.246/2012 (P.C.No.55/2012), C.C.No.247/2012 (P.C.No.56/2012) and C.C.No.244/2012 (P.C.No.53/2012) is hereby quashed.

Sd/-

JUDGE Srt

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