IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.6778 OF 2013 BETWEEN:
ANANDACHARI S/O LATE RUDRACHARI, AGED ABOUT 60 YEARS, MAYANAYAKANAHALLI, KASABA HOBLI, MAGADI TALUK, RAMANAGAR DISTRICT-571511.
... PETITIONER (BY SRI: B ANAND, ADVOCATE) AND:
1. STATE OF KARNATAKA BY RAMANAGAR RURAL POLICE, RAMANAGARA-571511.
2. H.N BALAJI BABU SUB INSPECTOR OF POLICE, RAMANAGAR RURAL POLICE STATION, RAMANAGAR-571511.
... RESPONDENTS (BY SRI: VIJAYA KUMAR MAJAGE, ADDL. SPP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH ALL THE PROCEEDINGS IN C.C.NO.100/2013 ON THE FILE OF THE PRL. SR. C.J. AND C.J.M., RAMANAGARA DIST.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard learned counsel for the petitioner and learned Additional SPP for respondents.
2. Charge sheet is filed against the petitioner for the offences punishable under sections 25 and 27 of Arms Act, 1959 [for short ‘the Act’]. The prosecution is launched without previous sanction of the District Magistrate as required under Section 39 of the Act.
3. Section 39 of the Act prescribes that no prosecution shall be instituted against any person in respect of any offence under section 3 of the Arms Act without the previous sanction of the District Magistrate.
4. Learned Additional SPP appearing for the respondents does not dispute the fact that no such previous sanction was obtained by the prosecution. Since the impugned proceedings are launched without obtaining the previous sanction as mandated in Section 39 of the Act, the impugned proceedings are liable to be quashed.
Hence, the following:
ORDER [a] Petition is allowed.
[b] Charge sheet filed against petitioner in C.C. No.100/2013 on the file of the Principal Senior Civil Judge & CJM, Ramanagara, is quashed.
[c] Liberty is reserved to the respondents to proceed against the petitioner for the above offence only after obtaining the necessary sanction from the District Magistrate under section 39 of the Act.
Sd/- JUDGE AN/-