IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION NO.775 OF 2019 BETWEEN:
G.R.THIPPESWAMY, S/O. RAMA REDDY, AGED ABOUT 65 YEARS, MAHALAKSHMI WINE SHOP, R/AT. MAHALAKSHMI NILAYA, NEAR GOPALAPURA WATER TANK, CHITRADURGA TOWN – 577 501. …PETITIONER (BY SHRI ADINARAYANAPPA, ADVOCATE) AND:
THE STATE OF KARNATAKA, REPRESENTED BY TURUVANUR (JOGI) POLICE STATION, CHITRADURGA DISTRICT – 577 501.
REPRESENTED BY S.P.P. …RESPONDENT (BY SMT. K.P.YASHODHA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE FIR IN CRIME NO.152/2016 DATED 03.11.2016 AND PROCEEDINGS IN C.C.NO.1149/2017 FOR THE OFFENCE P/U/S 32, 34 OF KARNATAKA EXCISE ACT, 1965, PENDING ON THE FILE OF THE LEARNED III ADDITIONAL CIVIL JUDGE AND JMFC COURT, CHITRADURGA.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The allegation against the petitioner is that liquor sold by accused No.2 was purchased from him.
2. Police after investigation of FIR No.152/2016 registered in Turuvanur (Jogi) police station have filed charge sheet alleging commission of offences punishable under Sections 32 and 34 of the Karnataka Excise Act, 1965.
3. It is alleged in the charge sheet that accused No.1 was selling liquor un-authorizedly which was given by accused Nos.2 and 3. Accused No.3 has presented this petition seeking quashing of criminal proceedings initiated against him.
4. Shri Adinarayanappa, learned advocate for petitioner placing reliance on the decision in the case of Shri Dayanand Vs. The State of Karnataka (Criminal Petition No.4205/2018 and connected cases) decided on 11.07.2018 submitted that there is absolutely no material against petitioner to prosecute him. Entire case of prosecution is that accused No.1 was selling liquor in pouches. Hence, he prayed for quashing the criminal proceedings against the petitioner.
5. Smt. K.P.Yashodha, learned HCGP argued in support of the charge sheet.
6. I have carefully considered rival contentions and perused the records.
7. Entire case is based on a statement given by accused No.1. Charge sheet has been filed. Accused No.1 has stated that he had obtained liquor pouches from accused Nos.2 and 3. A careful perusal of charge sheet and other documents do not disclose any offence against the petitioner. This Court in identical circumstances, has quashed proceedings in the case of Shri Dayanand Vs. The State of Karnataka, supra. The case on hand is also identical in nature. Hence, this petition merits consideration and accordingly it is allowed. All proceedings in C.C.No.1149/2017 (Cr.No.152/2016) pending on the file of learned III Additional Civil Judge & JMFC Court, Chitradurga, are quashed, so far as petitioner is concerned.
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