IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY 2019 BEFORE THE HON'BLE Mr.JUSTICE P.S.DINESH KUMAR CRIMINAL PETITION NO.925 OF 2019 BETWEEN:
MR. ALDEN KARKADA S/O. AUSTIN KARKADA AGED ABOUT 24 YEARS R/AT: #17-20-1457A PRASHANTH HOUSE MASCARENES GARDEN FALNER, MANGALORE D.K – 575 002 …PETITIONER (BY SHRI NISHIT KUMAR SHETTY, ADVOCATE) AND:
THE STATE OF KARNATAKA BY STATION HOUSE OFFICER MANGALORE EAST POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001 … RESPONDENT (BY SHRI NASRULLA KHAN, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER IN SPLC.NO.78/2018 (CR.NO.247/2017) ON THE FILE OF THE PRICNIPAL SESSIONS JUDGE, SPECIAL JUDGE, D.K., MANGALORE REGISTERED FOR THE OFFENCE P/U/S 8(c), 20(b)(ii)(B) OF NDPS ACT.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Based on a complaint filed by the Sub-Inspector of Police, CCB, Mangaluru, FIR No.247/2017 was registered on 03.08.2017 at 18:30 hrs. After investigation, police have filed the charge sheet. Petitioner is accused No.2 and he has challenged entire criminal proceedings initiated against him.
2. Sub-Inspector of Police, CCB, Mangaluru, has stated in his compliant that he received credible information at 12:00 p.m. on 03.08.2017 that three persons were selling Ganja near Bharath Beedi Complex. After receiving the information, he gave a requisition to Assistant Commissioner of Police to take up the investigation and as per his instructions, he went to the spot with police personnel. By 12:45 p.m., Assistant Commissioner of Police also joined the said team. Police apprehended three persons including the petitioner and recovered 1200 gm., Ganja from accused No.1.
3. Shri Nishit Kumar Shetty, learned advocate for the petitioner submits that procedure followed by police is contrary to Section 154 of Cr.P.C. and law laid down by the Supreme Court of India in the case of Lalita Kumari Vs. Government of Uttar Pradesh & Ors1. He urged the following grounds in support of his contentions:
that no FIR was lodged before taking up investigation;
that no diary entry was made before the commencement of investigation;
1 (2014) 2 SCC 1 that in the mahazar dated 03.08.2017, it is recorded that mahazar was conducted on the date of offence between 01:00 p.m. to 02:00 p.m; and that petitioner was arrested at 02:15 p.m., as stated in the complaint.
4. With the above grounds, he prayed for quashing the criminal proceedings initiated against the petitioner. He also placed reliance on the decision of this Court in the case of Sri.Pradeep Mendon & Others Vs. State of Karnataka (Crl.P.No.5689/2018 decided on 03.04.2019).
5. Learned HCGP opposing the petition prayed for dismissal of the same.
6. I have carefully considered the rival contentions and perused the records.
7. The complaint annexed to this petition shows that the complainant received information at 12:00 noon. He claims to have informed his Superior Officer and proceeded to the spot. In paragraph No.4 of the complaint, it is stated that accused were arrested at 02:15 p.m. In the Mahazar, time is mentioned as between 01:00 p.m. and 02:00 p.m. Further, FIR under Section 154 of Cr.P.C., is registered at 18:30 hours and the entry in the General diary is also made at 18:30 hours.
8. Thus, entire criminal investigation has been completed before registering the FIR which is impermissible in law.
9. Resultantly, this petition merits consideration and it is accordingly allowed. All proceedings in SPl.C.No.78/2018 (Cr.No.247/2017) pending on the file of Principal Sessions Judge and Special Judge, D.K., Mangaluru, are quashed.
10. In view of disposal of this petition, I.A. No.1/19 does not survive of consideration and the same is also disposed of.
No costs.
Sd/- JUDGE HJ