Karnataka High Court
Dr. N. Chandan vs The State Of Karnataka on 2 August, 2023
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2023:KHC:27098
CRL.P No. 6042 of 2021
C/W CRL.P No. 6002 of 2021
CRL.P No. 6010 of 2021
CRL.P No. 6013 of 2021
CRL.P No. 6014 of 2021
CRL.P No. 6030 of 2021
CRL.P No. 6033 of 2021
CRL.P No. 6034 of 2021
CRL.P No. 6043 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 6042 OF 2021 C/W
CRIMINAL PETITION NO. 6002 OF 2021
CRIMINAL PETITION NO. 6010 OF 2021
CRIMINAL PETITION NO. 6013 OF 2021
CRIMINAL PETITION NO. 6014 OF 2021
CRIMINAL PETITION NO. 6030 OF 2021
CRIMINAL PETITION NO. 6033 OF 2021
CRIMINAL PETITION NO. 6034 OF 2021
CRIMINAL PETITION NO. 6043 OF 2021
IN CRIMINAL PETITION NO. 6042 OF 2021:
BETWEEN:
Digitally signed by B
K
MAHENDRAKUMAR
Location: HIGH DR. N. CHANDAN
COURT OF
KARNATAKA S/O. NAGARAJU,
AGED ABOUT 35 YEARS,
RESIDING AT NO.4/2, 10TH CROSS ROAD,
F STREET, MAGADI MAIN ROAD,
NEAR SESHADRIPURAM COLLEGE,
BENGALURU CITY-560 023.
...PETITIONER
(BY SRI. K.P. JAYASIMHA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS POLICE - INSPECTOR,
-2-
NC: 2023:KHC:27098
CRL.P No. 6042 of 2021
C/W CRL.P No. 6002 of 2021
CRL.P No. 6010 of 2021
CRL.P No. 6013 of 2021
CRL.P No. 6014 of 2021
CRL.P No. 6030 of 2021
CRL.P No. 6033 of 2021
CRL.P No. 6034 of 2021
CRL.P No. 6043 of 2021
KAMAKSHIPALYA POLICE STATION,
BENGALURU-560 079. REPRESENTED
BY STATE PUBLIC PROSECUTOR,
HIGH COURT COMPLEX,
BANGALORE-560 001.
2. BASAVARAJU
S/O. NARAYANAPPA,
AGED ABOUT 39 YEARS,
RESIDING AT NO.1, 2ND CROSS,
SVT BANK NEAR, HORAMAVU,
BENGALURU-560 043.
...RESPONDENTS
(BY SRI. K.S. ABHIJITH,HCGP FOR R-1;
R-2 SERVED AND UNREPRESENTED)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH
THE CHARGE SHEET IN C.C.NO.13573/2015, RELATING TO
CRIME NO.431/2014, P/U/S 465,468,471,419,420,504,506
R/W 34 OF IPC AND SECTION 3,10 AND 19 OF KARNATAKA
PRIVATE MEDICAL ESTABLISHMENT ACT-2007, IT IS
REGISTERED BY THE KAMAKSHIPALYA POLICE,
KAMAKSHIPALYA, BENGALURU-560079, AGAINST TO THE
ACCUSED NO.2/PETITIONER IT IS PENDING BEFORE THE
XXXIX A.C.M.M., AT BENGALURU REGARDING THE ENTIRE
PROCEEDING OF THE PETITIONER.
IN CRIMINAL PETITION NO. 6002 OF 2021:
BETWEEN:
DR. N. CHANDAN
S/O. NAGARAJU,
-3-
NC: 2023:KHC:27098
CRL.P No. 6042 of 2021
C/W CRL.P No. 6002 of 2021
CRL.P No. 6010 of 2021
CRL.P No. 6013 of 2021
CRL.P No. 6014 of 2021
CRL.P No. 6030 of 2021
CRL.P No. 6033 of 2021
CRL.P No. 6034 of 2021
CRL.P No. 6043 of 2021
AGED ABOUT 35 YEARS,
RESIDING AT NO.4/2, 10TH CROSS ROAD,
F STREET, MAGADI MAIN ROAD,
NEAR SESHADRIPURAM COLLEGE,
BENGALURU CITY-560 023.
...PETITIONER
(BY SRI. K.P. JAYASIMHA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS POLICE INSPECTOR,
KAMAKSHIPALYA POLICE STATION,
BENGALURU-560 079,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT COMPLEX,
BANGALORE-560 001.
2. PREMAKUMAR. R.S.
S/O. SIDDAPPA,
AGED ABOUT 45 YEARS,
RESIDING AT NO.82, SAHASASREE NILAYA,
4TH CROSS, 2ND BLOCK,
D GROUP LAYOUT,
BENGALURU-560 091.
...RESPONDENTS
(BY SRI. K.S. ABHIJITH,HCGP FOR R-1;
R-2 SERVED AND UNREPRESENTED)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH
THE CHARGE SHEET IN C.C.NO.30225/2018, RELATING TO
CRIME NO.338/2017 P/U/S 465,468,471,419,420 OF IPC, IT IS
REGISTERED BY THE KAMAKSHIPALYA POLICE,
KAMAKSHIPALYA, BENGALURU-560079, AGAINST TO THE
-4-
NC: 2023:KHC:27098
CRL.P No. 6042 of 2021
C/W CRL.P No. 6002 of 2021
CRL.P No. 6010 of 2021
CRL.P No. 6013 of 2021
CRL.P No. 6014 of 2021
CRL.P No. 6030 of 2021
CRL.P No. 6033 of 2021
CRL.P No. 6034 of 2021
CRL.P No. 6043 of 2021
ACCUSED NO.3/PETITIONER IT IS PENDING BEFORE THE
XXXIX A.C.M.M., BENGALURU, REGARDING THE ENTIRE
PROCEEDINGS OF THE PETITIONER TO BE QUASH.
CRIMINAL PETITION NO. 6010 OF 2021:
BETWEEN:
DR. N. CHANDAN
S/O. NAGARAJU,
AGED ABOUT 35 YEARS,
RESIDING AT NO.4/2, 10TH CROSS ROAD,
F STREET, MAGADI MAIN ROAD,
NEAR SESHADRIPURAM COLLEGE,
BENGALURU CITY-560 023.
...PETITIONER
(BY SRI. K.P. JAYASIMHA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS POLICE INSPECTOR,
KAMAKSHIPALYA POLICE STATION,
BENGALURU-560 079,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT COMPLEX,
BANGALORE-560 001.
2. PREMA
W/O. PRASANNA KUMAR,
AGED ABOUT 24 YEARS,
RESIDING AT NO.40, 1ST MAIN ROAD,
4TH CROSS, KOTTIGEPALYA,
NEAR BUDDA HOSTEL,
-5-
NC: 2023:KHC:27098
CRL.P No. 6042 of 2021
C/W CRL.P No. 6002 of 2021
CRL.P No. 6010 of 2021
CRL.P No. 6013 of 2021
CRL.P No. 6014 of 2021
CRL.P No. 6030 of 2021
CRL.P No. 6033 of 2021
CRL.P No. 6034 of 2021
CRL.P No. 6043 of 2021
MAGADI MAIN ROAD,
BENGALURU-560 091.
...RESPONDENTS
(BY SRI. K.S. ABHIJITH, HCGP FOR R-1;
R-2 SERVED AND UNREPRESENTED)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH
THE CHARGE SHEET IN C.C.NO.13024/2015 IN CRIME
NO.416/2014, P/U/S 465,468,471,419,420,504,506 R/W 34 OF
IPC AND SECTION 3, 10 AND 19 OF KARNATAKA PRIVATE
MEDICAL ESTABLISHMENT ACT-2007, IT IS REGISTERED BY
THE KAMAKSHIPALYA POLICE, KAMAKSHIPALYA, BENGALURU-
560079, AGAINST TO THE ACCUSED NO.2/PETITIONER, IT IS
PENDING BEFORE THE XXXIX A.C.M.M., AT BENGALURU
REGARDING THE ENTIRE PROCEEDINGS OF THE PETITIONER.
IN CRIMINAL PETITION NO. 6013 OF 2021:
BETWEEN:
DR. N. CHANDAN
S/O. NAGARAJU,
AGED ABOUT 35 YEARS,
RESIDING AT NO.4/2, 10TH CROSS ROAD,
F STREET, MAGADI MAIN ROAD,
NEAR SESHADRIPURAM COLLEGE,
BENGALURU CITY-560 023.
...PETITIONER
(BY SRI. K.P. JAYASIMHA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS POLICE INSPECTOR,
-6-
NC: 2023:KHC:27098
CRL.P No. 6042 of 2021
C/W CRL.P No. 6002 of 2021
CRL.P No. 6010 of 2021
CRL.P No. 6013 of 2021
CRL.P No. 6014 of 2021
CRL.P No. 6030 of 2021
CRL.P No. 6033 of 2021
CRL.P No. 6034 of 2021
CRL.P No. 6043 of 2021
KAMAKSHIPALYA POLICE STATION,
BENGALURU-560 079
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT COMPLEX,
BANGALORE-560 001.
2. PRAMOD
S/O. LATE MALLESH,
AGED ABOUT 35 YEARS,
RESIDING AT NO. 92, 13TH MAIN ROAD,
GANGANAGARA, R.T. NAGAR POST,
BENGALURU-560 032.
...RESPONDENTS
((BY SRI. K.S. ABHIJITH, HCGP FOR R-1;
R-2 SERVED AND UNREPRESENTED)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH
THE CHARGE SHEET IN C.C.NO.19003/2015 IN CRIME
NO.201/2015, P/U/S. 465,468,471,419,420,506 R/W SECTION
34 OF IPC AND SECTION 3,10 AND 19 OF KARNATAKA PRIVATE
MEDICAL ESTABLISHMENT ACT 2007, IT IS REGISTERED BY
THE KAMAKSHIPALYA POLICE, KAMAKASHIPALYA BENGALURU
5600079, AGAINST THE ACCUSED NO.2, PETITIONER, IT IS
PENDING BEFORE THE XXXIX ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE AT BENGALURU REGARDING THE
ENTIRE PROCEEDINGS OF THE PETITIONER TO BE QUASH.
IN CRIMINAL PETITION NO. 6014 OF 2021:
BETWEEN:
DR. N. CHANDAN
S/O. NAGARAJU,
AGED ABOUT 35 YEARS,
RESIDING AT NO.4/2, 10TH CROSS ROAD,
-7-
NC: 2023:KHC:27098
CRL.P No. 6042 of 2021
C/W CRL.P No. 6002 of 2021
CRL.P No. 6010 of 2021
CRL.P No. 6013 of 2021
CRL.P No. 6014 of 2021
CRL.P No. 6030 of 2021
CRL.P No. 6033 of 2021
CRL.P No. 6034 of 2021
CRL.P No. 6043 of 2021
F STREET, MAGADI MAIN ROAD,
NEAR SESHADRIPURAM COLLEGE,
BENGALURU CITY-560 023.
...PETITIONER
(BY SRI. K.P. JAYASIMHA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENT BY ITS POLICE INSPECTOR
KAMAKSHIPALYA POLICE STATION
BENGALURU - 560079
REPRESENTED BY STATE PUBLIC PROSECUTOR
HIGH COURT COMPLEX
BANGALORE - 560001.
2. C VIJAYAKUMAR
S/O CHOODAPPA
AGED ABOUT 48 YEARS
RESIDING AT KAVERAPPA BUILDING
BHEEMARAO LAYOUT, ANEKAL TOWN
BENGALURU RURAL DISTRICT - 562107.
...RESPONDENTS
(BY SRI. K.S. ABHIJITH, HCGP FOR R-1;
SRI. N. DEVARAJ, ADVOCATE FOR R-2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH
THE CHARGE SHEET IN C.C.NO.4625/2016 IN CRIME
NO.154/2015 FOR THE OFFENCE P/U/S 465,468,471,419,420
R/W 34 OF IPC AND SECTIONS 3,7,10 AND 19 OF KARNATAKA
PRIVATE MEDICAL ESTABLISHMENT ACT, 2007, IT IS
REGISTERED BY KAMAKSHIPALYA POLICE, KAMAKSHIPALYA,
BENGALURU AGAINST THE ACCUSED NO.2/PETITIONER, IT IS
PENDING BEFORE THE XXXIX ADDL.C.M.M., BENGALURU
QUASH THE CHARGE SHEET.
-8-
NC: 2023:KHC:27098
CRL.P No. 6042 of 2021
C/W CRL.P No. 6002 of 2021
CRL.P No. 6010 of 2021
CRL.P No. 6013 of 2021
CRL.P No. 6014 of 2021
CRL.P No. 6030 of 2021
CRL.P No. 6033 of 2021
CRL.P No. 6034 of 2021
CRL.P No. 6043 of 2021
IN CRIMINAL PETITION NO. 6030 OF 2021:
BETWEEN:
DR. N. CHANDAN
S/O. NAGARAJU,
AGED ABOUT 35 YEARS,
RESIDING AT NO.4/2, 10TH CROSS ROAD,
F STREET, MAGADI MAIN ROAD,
NEAR SESHADRIPURAM COLLEGE,
BENGALURU CITY-560 023.
...PETITIONER
(BY SRI. K.P. JAYASIMHA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENT BY ITS POLICE INSPECTOR
KAMAKSHIPALYA POLICE STATION
BENGLAURU - 560079
REPRESENTED BY STATE PUBLIC PROSECUTOR
HIGH COURT COMPLEX
BANGALORE - 560001.
2. RUDRASENAPATHI
S/O NINGAPPA SHAKARADA
AGED ABOUT 46 YEARS
R/AT HOSAHONNATHI VILLAGE
GUDIHUNNATHI POST
RANIBENNUR TALUK
RANIBENNUR DISTRICT- 581115.
...RESPONDENTS
(BY SRI. K.S. ABHIJITH, HCGP FOR R-1;
SRI. NARAJJI DEEPAK, ADVOCATE FOR R-2)
-9-
NC: 2023:KHC:27098
CRL.P No. 6042 of 2021
C/W CRL.P No. 6002 of 2021
CRL.P No. 6010 of 2021
CRL.P No. 6013 of 2021
CRL.P No. 6014 of 2021
CRL.P No. 6030 of 2021
CRL.P No. 6033 of 2021
CRL.P No. 6034 of 2021
CRL.P No. 6043 of 2021
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH
THE CHARGE SHEET IN C.C.NO.13576/2015, RELATING TO
CRIME NO.442/2014 FOR THE OFFENCE P/U/S
465,468,471,419,420,504,506 R/W 34 OF IPC AND SECTIONS
3, 10 AND 19 OF KARNATAKA PRIVATE MEDICAL
ESTABLISHMENT ACT, 2007, IT IS REGISTERED BY
KAMAKSHIPALYA POLICE, KAMAKSHIPALYA, BENGALURU
AGAINST THE ACCUSED NO.2/PETITIONER, IT IS PENDING
BEFORE THE XXXIX ADDL.C.M.M., BENGALURU, REGARDING
THE ENTIRE PROCEEDINGS OF THE PETITIONER.
IN CRIMINAL PETITION NO. 6033 OF 2021:
BETWEEN:
DR. N. CHANDAN
S/O. NAGARAJU,
AGED ABOUT 35 YEARS,
RESIDING AT NO.4/2, 10TH CROSS ROAD,
F STREET, MAGADI MAIN ROAD,
NEAR SESHADRIPURAM COLLEGE,
BENGALURU CITY-560 023.
...PETITIONER
(BY SRI. K.P. JAYASIMHA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS POLICE INSPECTOR,
KAMAKSHIPALYA POLICE STATION,
BENGALURU-560 079
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT COMPLEX,
BANGALORE-560 001.
- 10 -
NC: 2023:KHC:27098
CRL.P No. 6042 of 2021
C/W CRL.P No. 6002 of 2021
CRL.P No. 6010 of 2021
CRL.P No. 6013 of 2021
CRL.P No. 6014 of 2021
CRL.P No. 6030 of 2021
CRL.P No. 6033 of 2021
CRL.P No. 6034 of 2021
CRL.P No. 6043 of 2021
2. U. RAVINDRA
S/O. CHANDRAPPA,
AGED ABOUT 48 YEARS,
RESIDING AT KAPPINADU,
ULLAL, MANGALORE,
DAKSHINA KANNADA DISTRICT-575 020.
...RESPONDENTS
(BY SRI. K.S. ABHIJITH, HCGP FOR R-1;
SRI. NARAJJI DEEPAK, ADVOCATE FOR R-2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH
THE CHARGE SHEET IN C.C.NO.13569/2015, RELATING TO
CRIME NO.452/2014, FOR THE OFFENCE P/U/S
465,468,471,419,420,504,506 R/W 34 OF IPC AND SECTION 3,
10 AND 19 OF KARNATAKA PRIVATE MEDICAL ESTABLISHMENT
ACT-2007, IT IS REGISTERED BY THE KAMAKSHIPALYA
POLICE, KAMAKSHIPALYA, BENGALURU - 560079, AGAINST
THE ACCUSED NO.2/PETITIONER, IT IS PENDING BEFORE THE
XXXIX ADDL.C.M.M., BENGALURU, REGARDING THE ENTIRE
PROCEEDINGS OF THE PETITIONER TO BE QUASH.
IN CRIMINAL PETITION NO. 6034 OF 2021:
BETWEEN:
DR. N. CHANDAN
S/O. NAGARAJU,
AGED ABOUT 35 YEARS,
RESIDING AT NO.4/2, 10TH CROSS ROAD,
F STREET, MAGADI MAIN ROAD,
NEAR SESHADRIPURAM COLLEGE,
BENGALURU CITY-560 023.
...PETITIONER
- 11 -
NC: 2023:KHC:27098
CRL.P No. 6042 of 2021
C/W CRL.P No. 6002 of 2021
CRL.P No. 6010 of 2021
CRL.P No. 6013 of 2021
CRL.P No. 6014 of 2021
CRL.P No. 6030 of 2021
CRL.P No. 6033 of 2021
CRL.P No. 6034 of 2021
CRL.P No. 6043 of 2021
(BY SRI. K.P. JAYASIMHA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS POLICE INSPECTOR,
KAMAKSHIPALYA POLICE STATION,
BENGALURU-560 079
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT COMPLEX,
BANGALORE-560 001.
2. NARAYANASWAMY. P
S/O. T. PUTTASWAMY,
AGED ABOUT 38 YEARS,
RESIDING AT NO.235/A,
HOSABADAVANE, HELLEKERE,
CHANNAPATANNA TOWN,
CHANNAPATANNA TALUK,
RAMANAGARA DISTRICT-562 160.
...RESPONDENTS
(BY SRI. K.S. ABHIJITH, HCGP FOR R-1;
R-2 SERVED AND UNREPRESENTED)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH
THE CHARGE SHEET IN C.C.NO.19006/2015, RELATING TO
CRIME NO.157/2015, FOR THE OFFENCE P/U/S
465,468,471,419,420,504,506 R/W 34 OF IPC AND SECTIONS
3, 10 AND 19 OF KARNATAKA PRIVATE MEDICAL
ESTABLISHMENT ACT-2007, IT IS REGISTERED BY THE
KAMAKSHIPALYA POLICE, KAMAKSHIPALYA, BENGALURU -
560079, AGAINST THE ACCUSED NO.2/PETITIONER, IT IS
PENDING BEFORE THE XXXIX ADDL.C.M.M., BENGALURU,
REGARDING THE ENTIRE PROCEEDINGS OF THE PETITIONER
TO BE QUASH.
- 12 -
NC: 2023:KHC:27098
CRL.P No. 6042 of 2021
C/W CRL.P No. 6002 of 2021
CRL.P No. 6010 of 2021
CRL.P No. 6013 of 2021
CRL.P No. 6014 of 2021
CRL.P No. 6030 of 2021
CRL.P No. 6033 of 2021
CRL.P No. 6034 of 2021
CRL.P No. 6043 of 2021
IN CRIMINAL PETITION NO. 6043 OF 2021:
BETWEEN:
DR. N. CHANDAN
S/O. NAGARAJU,
AGED ABOUT 35 YEARS,
RESIDING AT NO.4/2, 10TH CROSS ROAD,
F STREET, MAGADI MAIN ROAD,
NEAR SESHADRIPURAM COLLEGE,
BENGALURU CITY-560 023.
...PETITIONER
(BY SRI. K.P. JAYASIMHA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS POLICE INSPECTOR,
KAMAKSHIPALYA POLICE STATION,
BENGALURU-560 079
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT COMPLEX,
BANGALORE-560 001.
2. BASAVARAJAIAH
S/O. GANGADHARAIAH,
AGED ABOUT 42 YEARS,
RESIDING AT HATHIGERE VILLAGE AND POST,
MAYAKONDA HOBLI,
DAVANAGERE TALUK,
DAVANAGERE DISTRICT-577 234.
...RESPONDENTS
(BY SRI. K.S. ABHIJITH, HCGP FOR R-1;
R-2 SERVED AND UNREPRESENTED)
- 13 -
NC: 2023:KHC:27098
CRL.P No. 6042 of 2021
C/W CRL.P No. 6002 of 2021
CRL.P No. 6010 of 2021
CRL.P No. 6013 of 2021
CRL.P No. 6014 of 2021
CRL.P No. 6030 of 2021
CRL.P No. 6033 of 2021
CRL.P No. 6034 of 2021
CRL.P No. 6043 of 2021
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH
THE CHARGE SHEET IN C.C.NO.13574/2015, RELATING TO
CRIME NO.418/2014, FOR THE OFFENCES P/U/S
465,468,471,419,420,504,506 R/W 34 OF IPC AND SECTIONS
3, 10 AND 19 OF KARNATAKA PRIVATE MEDICAL
ESTABLISHMENT ACT-2007, IT IS REGISTERED BY THE
KAMAKSHIPALYA POLICE, KAMAKSHIPALYA, BENGALURU -
560079, AGAINST THE ACCUSED NO.2/PETITIONER, IT IS
PENDING BEFORE THE XXXIX ADDL.C.M.M., BENGALURU,
REGARDING THE ENTIRE PROCEEDINGS OF THE PETITIONER.
THESE PETITIONS, COMING ON FOR ADMISSION, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Since the issue involved in these petitions are similar and they are taken up together, heard and disposed of by a common order.
2. The respondent No.2 lodged the FIR with the jurisdictional Police alleging that, the accused No.1 without having any qualification to practice allopathy collected money by assuring that he would get child born through IVF treatment and when he was undergoing treatment, it was learnt that accused No.1 was not the qualified medical practitioner and
- 14 -
NC: 2023:KHC:27098 CRL.P No. 6042 of 2021 C/W CRL.P No. 6002 of 2021 CRL.P No. 6010 of 2021 CRL.P No. 6013 of 2021 CRL.P No. 6014 of 2021 CRL.P No. 6030 of 2021 CRL.P No. 6033 of 2021 CRL.P No. 6034 of 2021 CRL.P No. 6043 of 2021 created documents to show that he was qualified to practice allopathy. Accused No.2 herein who is working under accused No.1, abused the 2nd respondent in a filthy language when he demanded to return the money from the accused No.1.
3. The Police after investigation submitted the charge sheet for the offence punishable under Sections 465, 468, 471, 419, 420, 504, 506 r/w 34 of IPC, and Section 3, 10, 19 of Karnataka Private Medical Establishment Act-2007. Taking exception of the same, accused No.2 herein is before this Court in all these petitions.
4. Heard the learned counsel for the petitioner and learned HCGP for the respondent-State. Respondent No.2 though served with notice has not chosen to appear in person or through his counsel.
5. The allegation of fabricating the documents to establish that the accused No.1 is a qualified medical practitioner and inducing the respondent No.2 to undergo IVF
- 15 -
NC: 2023:KHC:27098 CRL.P No. 6042 of 2021 C/W CRL.P No. 6002 of 2021 CRL.P No. 6010 of 2021 CRL.P No. 6013 of 2021 CRL.P No. 6014 of 2021 CRL.P No. 6030 of 2021 CRL.P No. 6033 of 2021 CRL.P No. 6034 of 2021 CRL.P No. 6043 of 2021 treatment is against accused No.1. The allegation against accused No.2 is that he abused the defacto-complainant and threatened him with dire consequences when he demanded money from the accused No.1. Even, the said allegations are accepted, utmost would constitute the offence punishable under Section 504 of IPC and to constitution the said offence, the intentional insult must be of such a degree so as to cause breach of public peace or commission of any other offences by the defacto complainant. In the instant case, the alleged abusive language used by the petitioner-Accused No.2 against Respondent No.2 has not caused breach of public peace or commission of any other offence. In the absence of essential elements so as to constitute the commission of offences punishable under Sections 504 of IPC, the cognizance taken by the learned Magistrate against the petitioner-accused No.2 will be an abuse of process of law.
Accordingly, I pass the following:
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NC: 2023:KHC:27098 CRL.P No. 6042 of 2021 C/W CRL.P No. 6002 of 2021 CRL.P No. 6010 of 2021 CRL.P No. 6013 of 2021 CRL.P No. 6014 of 2021 CRL.P No. 6030 of 2021 CRL.P No. 6033 of 2021 CRL.P No. 6034 of 2021 CRL.P No. 6043 of 2021 ORDER
i) Criminal petitions are allowed;
Crl.P No.6042/2021:
The impugned proceedings in C.C.No.27237/2016, pending on the file of the VII Additional Chief Metropolitan Magistrate, Bengaluru, insofar as it relates to petitioner - accused No.2 is hereby quashed.
Crl.P No.6002/2021:
The impugned proceeding in CC No.30225/2018 pending on the file of the XXXIX Addl. Chief Metropolitan Magistrate at Bengaluru, insofar as it relates to petitioner - accused No. 3 is hereby quashed.
Crl. P No.6010/2021:
The impugned proceeding in CC No.13024/2015 pending on the file of the XXXIX Addl. Chief Metropolitan Magistrate at Bengaluru, insofar as it relates to petitioner - accused No.2 is hereby quashed.
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NC: 2023:KHC:27098 CRL.P No. 6042 of 2021 C/W CRL.P No. 6002 of 2021 CRL.P No. 6010 of 2021 CRL.P No. 6013 of 2021 CRL.P No. 6014 of 2021 CRL.P No. 6030 of 2021 CRL.P No. 6033 of 2021 CRL.P No. 6034 of 2021 CRL.P No. 6043 of 2021 Crl. P No.6013/2021:
The impugned proceeding in CC No.19003/2015 pending on the file of the XXXIX Addl.Chief Metropolitan Magistrate at Bengaluru, insofar as it relates to petitioner - accused No.2 is hereby quashed.
Crl. P No.6014/2021:
The impugned proceeding in C.C.No.4625/2016 pending on the file of the XXXIX Addl. Chief Metropolitan Magistrate at Bengaluru, insofar as it relates to petitioner-accused No.2 is hereby quashed.
Crl. P No.6030/2021:
The impugned proceeding in C.C.No.13576/2015 pending on the file of the XXXIX Addl. Chief Metropolitan Magistrate at Bengaluru, insofar as it relates to petitioner - accused No.2 is hereby quashed.
Crl. P No.6033/2021:
The impugned proceeding in C.C.No.13569/2015 pending on the file of the XXXIX Addl. Chief Metropolitan Magistrate at
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NC: 2023:KHC:27098 CRL.P No. 6042 of 2021 C/W CRL.P No. 6002 of 2021 CRL.P No. 6010 of 2021 CRL.P No. 6013 of 2021 CRL.P No. 6014 of 2021 CRL.P No. 6030 of 2021 CRL.P No. 6033 of 2021 CRL.P No. 6034 of 2021 CRL.P No. 6043 of 2021 Bengaluru, insofar as it relates to petitioner- accused No.2 is hereby quashed.
Crl. P No.6034/2021:
The impugned proceeding in CC No.19006/2015 pending on the file of the XXXIX Addl. Chief Metropolitan Magistrate at Bengaluru, insofar as it relates to petitioner- accused No. 2 is hereby quashed.
Crl. P No.6043/2021:
The impugned proceeding in CC No.13574/2015 pending on the file of the XXXIX Addl. Chief Metropolitan Magistrate at Bengaluru, insofar as it relates to petitioner- accused No.2 is hereby quashed.
In view of disposal of these petitions, pending interlocutory applications, if any, do not survive for consideration.
Sd/-
JUDGE HR