Karnataka High Court
Amasasetty vs The State Of Karnataka on 1 February, 2023
Author: K.Natarajan
Bench: K.Natarajan
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CRL.P No. 582 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 582 OF 2023
BETWEEN:
1. AMASASETTY
S/O BASAVASHETTY
AGED ABOUT 71 YEARS
R/O MANGALA HOSUR VILLAGE
SANTHEMARAHALLI HOBALI
CHAMARAJANAGARA TALUK - 571 313
...PETITIONER
(BY SRI. SOMASHEKAR KASHIMATH.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH SANTHEMARAHALLI POLICE STATION
BENGALURU - 571 313
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
BENGALURU-560001
2. GURUMALAPPA
Digitally signed by
BHAVANI BAI G S/O LATE SHIVAPPA
Location: High AGED ABOUT 62 YEARS
Court of Karnataka R/O MANGALA HOSUR VILLAGE
SANTHEMARAHALLI HOBLI
CHAMARAJANAGAR TALUK - 571 313
...RESPONDENTS
(BY SRI. R.D. RENUKARADHYA, HCGP FOR R1
NOTICE TO R2 IS DISPENSED WITH)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C. PRAYING TO SET ASIDE THE ORDER OF TAKING
COGNIZANCE AND ISSUANCE OF PROCESS / SUMMONS DATED
17.09.2022 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 406,
408, 415, 420 OF IPC, THE SAID P.C.R. HAS BEEN REGISTERED AS
C.C.NO.2251/2022, PENDING ON THE FILE OF ADDITIONAL CIVIL
JUDGE AND J.M.F.C., CHAMARAJANAGARA.
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CRL.P No. 582 of 2023
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
Learned High Court Government Pleader accepts notice for the respondent No.1-State.
2. Looking to the facts and circumstances of the case, issuance of notice to respondent No.2 is dispensed with.
3. This petition is filed by the petitioner-accused under Section 482 of Cr.P.C. for quashing the criminal proceedings based upon the PCR No.167/2014, now pending in C.C.No.2251/2022 for the offences punishable under Sections 406, 408, 415, 420 of IPC.
4. Heard the arguments of learned counsel for the petitioner and learned High Court Government Pleader for the respondent No.1-State.
5. The learned counsel for the petitioner submits that there was a theft in Maramma Temple and on the complaint lodged by one Shankarmurthy, the Police registered a FIR in Crime No.58/2014 for the offence punishable under Sections 457 and 380 of IPC and the matter is said to be under investigation and at the same time, respondent No.2- -3- CRL.P No. 582 of 2023 Gurumalappa filed a private complaint under Section 200 of Cr.P.C. against this petitioner seeking cognizance for the offence punishable under Sections 406, 408, 415, 420 of IPC alleging that this petitioner is said to be the Archaka (priest) of the temple. He himself misappropriate the Hundi money and other ornaments belongs to the temple. The Magistrate after receiving the private complaint and without referring the matter has stayed the further proceedings by invoking the provision of Section 210 of Cr.P.C. and awaited the report of the Police in Crime No.58/2014. Subsequently, the police completed the investigation in Crime No.58/2014 and filed the charge-sheet. Now, the said case is said to be under trial. In the meanwhile, the trial Court vacated the stay and issued notice to the petitioner in PCR 167/2014 by taking cognizance and directing the petitioner to appear before the Court which is under challenge.
6. Upon hearing the arguments and on perusal the records, the provision under Section 210 of Cr.P.C. reads as under:
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"210. Procedure to be followed when there is a complaint case and police investigation in respect of the same offence.
(1) Where in a case instituted otherwise than on a police report (hereinafter referred to as a complaint case), it is made to appear to the Magistrate, during the course of the inquiry or trial held by him, that an investigation by the police is in progress in relation to the offence which is the subject- matter of the inquiry or trial held by him, the Magistrate shall stay the proceedings of such inquiry or trial and call for a report on the matter from the police officer conducting the investigation.
(2) If a report is made by the investigating police officer under section 173 and no such report cognizance of any offence is taken by the Magistrate against any person who is an accused in the complaint case, the Magistrate shall inquire into or try together the complaint case and the case arising out of the police report as if both the cases were instituted on a police report.
(3) If the police report does not relate to any accused in the complaint case or if the Magistrate does not take cognizance of any offence on the police report, he shall proceed with the inquiry or trial, which was stayed by him, in accordance with the provisions of this Code."-5- CRL.P No. 582 of 2023
On bare reading of Section 210 of Cr.P.C., it reveals, if any complaint filed by the person before the Police and also another complaint filed before the Magistrate, both the cases to be tried by the same Court together. Such being the case, the learned Magistrate ought to have tried the PCR based upon C.C.No.2251/2022 together with the C.C.No.255/2015 as per Section 210 of Cr.P.C. Therefore, the trial court ought to have taken the matter together for disposal as there are same offences in two cases has been pending before the Court. Such being the case, the trial Court ought to have stopped the proceedings in respect of C.C.No.255/2015 based upon the Crime No.58/2014 and after the appearance of the petitioner in private complaint, the same shall be tried together as per Section 210 of Cr.P.C.
7. Accordingly, the petition is disposed of with a direction to the Magistrate to try C.C.No.2251/2022 along with C.C.No.255/2015 together as per Section 210 of Cr.P.C., in accordance with law.
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8. In view of disposal of the main petition, pending I.A.No.1/2023 does not survive for consideration and the same is disposed of.
9. Office to intimate the same to the trial Judge.
Sd/-
JUDGE GBB List No.: 1 Sl No.: 33