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Karnataka High Court

Ramegowda V vs State By Bmtf Police on 16 December, 2013

Author: H N Nagamohan Das

Bench: H.N. Nagamohan Das

                              1




IN THE HIGH COURT OF KARNATAKA AT BANGALORE

      DATED THIS THE 16th DAY OF DECEMBER, 2013

                              BEFORE

   THE HON'BLE MR. JUSTICE H.N. NAGAMOHAN DAS

                   CRL.P No.7429 OF 2013

BETWEEN

1.RAMEGOWDA V
S/O LATE VENKATEGOWDA,
AGED ABOUT 59 YEARS,
CURRENTLY WORKING AS
ASST. EXECUTIVE ENGINEER,
HBR LAYOUT SUB-DIVISION,
BBMP, BANGALORE-560040.

2.JAGADISH B R
S/O RAMAKRISHNAIAH,
AGED ABOUT 30 YEARS,
WORKING AS ASST. ENGINEER,
WARD NO.24,
IN THE OFFICE OF AEE,
HBR LAYOUT SUB-DIVISION,
BBMP, BANGALORE-560040.
                                           ... PETITIONERS
(By Sri : SRINIVAS V, ADV.)

AND
                               2




STATE BY BMTF POLICE
BBMP BUILDING, NR SQUARE,
BANGALORE-02.
                                                ... RESPONDENT
(By Sri : K.NAGESHWARAPPA, GP)

CRL.P FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE
PETITIONERS PRAYING THAT THIS HON'BLE COURT MAY
BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS AS
AGAINST THE PETRS. IN CR. NO.9/2013 ON THE FILE OF
THE C.M.M., BANGALORE FILED BY THE RESPONDENT
POLICE.

      This petition is coming on for admission, this day the court
made the following:

                          ORDER

At the instance of private persons, the respondent - Bangalore Metropolitan Task Force registered criminal case against the petitioner in Cr.No.09/2013 for the offences punishable under Section 217, 214, 109 IPC and Section 321(b) of the Karnataka Municipal Corporation Act, 1976.

2. This Court in Crl.P.No.5340/2012 and connected matters vide order dated 10.10.2013 held that the Task Force has no jurisdiction to register a case for the offences punishable under the 3 IPC. For the reasons stated in the order in Crl.P. No.5340/2012 and on the same terms the following:

ORDER i. Petition is hereby allowed. ii. The proceedings in Cr.No.09/2013 for the offences punishable under Section 217, 214, 109 IPC are hereby quashed.
Sd/-
JUDGE.
DKB