B Prabhakar vs The Bangalore Metropolitan Task Force on 11 December, 2018

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Karnataka High Court

B Prabhakar vs The Bangalore Metropolitan Task Force on 11 December, 2018

Bench: P.S. Dinesh Kumar

                             1

                                        CRL.P. NO.3038/2014


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 11TH DAY OF DECEMBER, 2018

                         BEFORE

      THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR

           CRIMINAL PETITION No.3038 OF 2014

BETWEEN:

1.     B. PRABHAKAR
       S/O BYACHAPPA
       AGED ABOUT 40 YEARS
       WORKING AS EXECUTIVE ENGINEER
       RAJAJI NAGARA DIVISION AT BBMP
       R/O # 245, 3RD MAIN ROAD
       TEACHERS LAYOUT, NAGARABHAVI
       BANGALORE - 560 072

2.     K.B. THARANATH
       S/O D. BASAPPA
       AGED ABOUT 54 YEARS
       WORKING AS ASSISTANT ENGINEER
       AT BRUHATH BANGALORE MAHANAGARA PALIKE
       R/O # 41,5TH CROSS, 7TH MAIN
       SRIRAMPURAM
       BANGALORE - 560 021                ... PETITIONERS

(BY SHRI J.D. KASHINATH, ADVOCATE)

AND:

THE BANGALORE METROPOLITAN TASK FORCE
BBMP PREMISES
N.R. SQUIRE
BANGALORE - 560 002
REPRESENTED BY SPP                         ... RESPONDENT

(BY SHRI S.RACHAIAH, HCGP)
                                2

                                           CRL.P. NO.3038/2014

      THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS
LAUNCHED AGAINST PETITIONERS PURSUANT TO CRIME
NO.35/2012 ON THE COMPLAINT OF BMTF, FOR THE OFFENCES
PUNISHABLE UNDER SECTION 217 OF IPC AND ALSO QUASH THE
FIR FILED IN THE ABOVE CRIME BY THE RESPONDENT PENDING
ON THE FILE OF THE C.M.M., BANGALORE AS PER ANNEXURE - A
AND B TO PETITION.


      THIS CRIMINAL PETITION COMING ON FOR ADMISSION
THIS DAY, THE COURT MADE THE FOLLOWING:-

                            ORDER

Heard Shri J.D. Kashinath, learned advocate for the petitioners and Shri S. Rachaiah, learned HCGP for the Bangalore Metropolitan Task Force ('BMTF' for short).

2. Petitioners are engineers working with Bruhath Bengaluru Mahanagara Palike ('BBMP' for short). Respondent - BMTF filed FIR No.35/2012 on 06.03.2012 alleging commission of offence punishable under Section 217 of IPC.

3. The principal contention urged by Shri Kashinath is that BMTF has no power and authority to investigate offences punishable under IPC. In support of said contention, he placed reliance on the decision of this Court 3 CRL.P. NO.3038/2014 in H. Pramod and another Vs. Government of Karnataka & others (W.Ps.No.12381-12382/2013 decided on 23.07.2013). This position of law is not disputed by Shri S. Rachaiah, learned HCGP, who appears for respondent - BMTF.

4. In view of the decision of the Division Bench of this Court in H.Pramod (supra), BMTF could not have filed the charge sheet and investigated the matter. Resultantly, this petition merits consideration and it is accordingly allowed. FIR No.35/2012 and all further proceedings pursuant thereto pending on the file of Chief Metropolitan Magistrate, Bengaluru, are quashed.

5. In view of disposal of the petition, I.A.No.1/2014 does not survive for consideration and the same stands disposed of.

No costs.

Sd/-

JUDGE AV

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