IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.2816/2012 BETWEEN:
RAJASHEKAR, S/O HANUMANTHAPPA, AGED ABOUT 33 YEARS WORKING AS SUB-INSPECTOR OF POLICE, RURAL POLICE STATION, DAVANGERE …PETITIONER (BY SRI. M V HIREMATH, ADV.) AND:
1. SMT. BHAGYAMMA W/O SUKANANDAPPA AGED ABOUT 25 YEARS R/O. LAKSHMI SAGAR CHITRADURGA TALUK & DIST 2. BHARAMSAGAR POLICE STATION BY ITS POLICE INSPECTOR, REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU.
...RESPONDENTS (BY SRI. I.S.PRAMOD CHANDRA, SPP-II FOR R2.
NOTICE TO R1 IS DISPENSED WITH V/O. DATED 10.01.2019) THIS PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED;24.1.11 IN P.C.NO.187/10 (C.C.NO.97/11) ON THE FILE OF II ADDL.CJ (JR.DN.) AND JMFC, CHITRADURGA IN SO FAR AS IT RELATES TO ISSUE OF PROCESS AGAINST ACCUSED NO.10 (PETITIONER).
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner herein is arrayed as accused No.10 in C.C.No.97/2011. The said proceedings were registered against 10 accused persons based on the statement of respondent No.1 in respect of an incident which had taken place on 17.01.2010.
2. The case in Crime No.11/2010 was registered for the offence punishable under Sections 143, 147, 148, 323, 234, 354, 448, 504, 506 read with Section 149 of IPC. After investigation, charge sheet was submitted before the jurisdictional Court. The learned Magistrate took cognizance of the said offence and registered C.C.No.263/2010 and issued process to accused Nos. 1 to 10.
3. In the meanwhile, respondent No.1 (complainant), Smt. Bhagyamma filed a private complaint alleging commission of offence under Sections 330, 331, 440, 452, 499, 500, 307, 119 read with Section 149 of IPC. The learned Magistrate took cognizance of the said offence and directed registration of C.C.No.97/2011. At that stage, accused Nos. 1 to 9 approached this Court invoking the jurisdiction of this Court under Section 482 of Cr.P.C. seeking to drop the proceedings initiated against them in C.C.No.97/2011.
4. By order dated 27.03.2015 in Crl.P.No.7106/2011, this Court allowed the petition and quashed all further proceedings in C.C.No.97/2011 pending on the file of the II Additional Civil Judge (Jr. Dn.) and JMFC, Chitradurga. In the said order, liberty was reserved to the investigation officer to conduct further investigation based on the information furnished in Annexure-E therein and it was also directed that the learned Magistrate before whom C.C.No.263/2010 is pending could direct further investigation, if satisfied that the course of action was required. Accused No.10 who was not a party to the above petition has now filed the instant petition under Section 482 of Cr.P.C. seeking to set aside the order dated 24.01.2011 in P.C.No.187/2010 (C.C.No.97/2011) insofar as it relates to the issuance of process against the petitioner / accused No.10.
5. The petitioner has been prosecuted on the very same allegation, which has been already considered by this Court in Crl.P.No.7106/2011. The learned SPP-II also does not dispute the fact that the petitioner herein was facing the accusation common with the accused Nos. 1 to 9. As a result, following the reasons assigned by this Court in Crl.P.No.7106/2011 the proceedings initiated against the petitioner herein in C.C.No.97/2011 also deserves to be quashed.
6. Accordingly, petition is allowed. All further proceedings in C.C.No.97/2011 pending on the file of the II Additional Civil Judge (Jr. Dn.) & JMFC, Chitradurga is quashed insofar as petitioner (accused No.10) is concerned. It is made clear that it is open to the investigation officer to seek leave of the Court wherein C.C.No.263/2010 is pending to conduct further investigation based on the information furnished in Annexure-E referred in Crl.P.No.7106/2011. It is also open to the learned Magistrate before whom C.C.No.263/2010 is pending to direct further investigation, if he is satisfied that such a course of action is required by considering the pleas of respondent.
Petition is disposed of accordingly.
Sd/- JUDGE VP