Karnataka High Court
Shri Mahesh Jali S/O Prameshwarappa vs The State Of Karnataka on 19 December, 2023
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2023:KHC-D:14870
CRL.P No. 102105 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 19TH DAY OF DECEMBER 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 102105 OF 2023
BETWEEN:
SHRI. MAHESH JALI S/O PRAMESHWARAPPA,
AGE. 52 YEARS, OCC. BUSINESS,
R/O. NO.171 COLLEGE ROAD,
BASAVESHWAR BADAVANE,
TQ. HOSAPET, DIST. VIJAYANAGAR-583201.
... PETITIONER
(BY SRI. RAKESH M. BILKI, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
R/BY ADDITIONAL STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD,
R/BY PSI DANDELI RANGE EXCISE,
ANMOD CHECK POST, TQ. JOIDA,
DIST. KARWAR,
(UTTARA KANNADA-581453)
Digitally signed
by
... RESPONDENT
VIJAYALAKSHMI VIJAYALAKSHMI
M KANKUPPI M KANKUPPI
Date: 2023.12.21
16:22:34 +0530
(BY SRI. P.N. HATTI, HCGP FOR RESPONDENT/STATE)
THIS CRIMINAL PETITION IS FILED U/SEC.482 OF CR.P.C.
SEEKING TO QUASH ALL CRIMINAL PROCEEDINGS REGISTERED
AGAINST THE ACCUSED NO.2/PETITIONER AND AGAINST HIS
VEHICLE CAR BEARING NO. KA 35-C 6889 REGISTERED BY
YELLAPURA SUB-DIVISION i.e., DANDELI RANGE ie., ANMOD CHECK
POST EXCISE POLICE STATION IN CRIME NO.14/2022-
23/3218SIE1/321813 FOR THE OFFENCE U/S 11, 13, 14, 32, 38(A),
43(A) OF KARNATAKA EXCISE ACT 1965 AND THE FIR AND
COMPLAINT IS PENDING ON THE FILE OF THE CIVIL JUDGE AND
JMFC COURT, DANDELI, BY ALLOWING THIS PETITION IN THE
INTEREST OF JUSTICE AND EQUITY.
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NC: 2023:KHC-D:14870
CRL.P No. 102105 of 2023
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
This petition is filed praying to quash the criminal proceedings registered against the petitioner and release of his vehicle bearing No.KA 35-C 6889 by Anmod Check post Excise Police Station in Crime No.14/2022- 23/3218SIE1/321813 for the offences under Sections 11, 13, 14, 32, 38(A) and 43(A) of the Karnataka Excise Act, 1965 (hereinafter referred to as the 'KE Act', for short) and the FIR and the complaint.
2. Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.
3. FIR has been registered against one Krishna D. son of Parashurama D. for offences under Sections 11, 13, 14, 32, 38(A) and 43(A) of KE Act. The said Krishna D. (accused No.1) is found transporting liquor in maxi cab bearing registration No. KA 35-C 6889, manufactured in Goa and meant for sale only in Goa. The case of the petitioner is -3- NC: 2023:KHC-D:14870 CRL.P No. 102105 of 2023 that, the vehicle in which the accused No.1 alleged to have transported liquor belongs to him and he is the registered RC owner.
4. On perusal of the FIR, no case is registered against the present petitioner.
5. The learned counsel for the petitioner has filed a memo along with the notice issued by the Excise Sub- Inspector, Anmod Check Post, under Section 41 of Cr.P.C. to the present petitioner. In the said notice, the petitioner has been asked to appear before the Excise Sub-Inspector for enquiry in Crime No.14/2022-23.
6. On perusal of the records, no case is registered against this petitioner. The petitioner has sought quashing of FIR. When the petitioner is not arrayed as accused, the present petition filed under Section 482 of Cr.P.C. seeking quashment of FIR and the complaint is not maintainable. -4-
NC: 2023:KHC-D:14870 CRL.P No. 102105 of 2023
7. The learned counsel for the petitioner prays for passing of any order for release of his vehicle seized in the case.
8. This Court while exercising powers under Section 482 of Cr.P.C. cannot consider the said prayer, as, he has to approach appropriate Forum having jurisdiction for release of the vehicle to his interim custody.
In view of the above, the petition is not maintainable and it is accordingly dismissed.
Sd/-
JUDGE KMV CT:BCK