IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER 2019 BEFORE THE HON’BLE MR. JUSTICE P. B. BAJANTHRI CRIMINAL PETITION No.6145/2019 C/W CRIMINAL PETITION No.6141/2019 CRIMINAL PETITION No.6140/2019 CRIMINAL PETITION No.6143/2019 CRIMINAL PETITION No.6144/2019 CRIMINAL PETITION No.6146/2019 CRIMINAL PETITION No.6147/2019 CRIMINAL PETITION No.6148/2019 BETWEEN 1. H.J. YOGANANDA S/O JAVAREGOWDA, AGED ABOUT 45 YEARS, R/AT STORE ROAD, HUNSUR TOWN, MYSORE DISTRICT 571105 2 . ANIL KUMAR S/O CHANDRU, AGED ABOUT 39 YEARS, R/AT KARIGOWDARA BEEDI, HUNSUR TOWN, MYSORE DISTRICT 571105 3 . VENKATANARAYANA DAS S/O LATE LAKSHMINARAYANA, AGED ABOUT 55 YEARS, R/AT BRAMAN STREET, HUNSURU TOWN, MYSORE DISTRICT 571105 4 . H R VARADARAJ PILLAI S/O LATE RATNASWAMY PILLAI, AGED ABOUT 44 YEARS, R/AT V V CIRCLE,HUNSURU TOWN, MYSORE DISTRICT 571105 (BY SRI: PRITHVI RAJ B N, ADVOCATE) AND 1. STATE OF KARNATAKA BY HUNSUR TOWN POLICE STATION, MYSORE DIST 571105, REP BY SPP HIGH COURT OF KARNATAKA, BANGALORE -1.
2. RAMESH AGED ABOUT 42 YEARS, MUNICIPAL COMMISSIONER NAGARA SABHE, HUNSUR TOWN MYSORE DIST-571105.
...PETITIONERS (COMMON) (BY SMT:K.P.YASHODHA, HCGP) IN CRIMINAL PETITION No.6145/2019 ..RESPONDENTS (COMMON) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.498/2016 PENDING ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, HUNSUR, MYSORE DISTRICT VIDE ANNEXURE-D.
IN CRIMINAL PETITION No.6141/2019 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.493/2016 PENDING ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, HUNSUR, MYSORE DISTRICT PRODUCED AND MARKED AS ANNEXURE-D.
IN CRIMINAL PETITION No.6140/2019 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.469/2016 PENDING ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, HUNSUR, MYSORE DISTRICT VIDE ANNEXURE-D.
IN CRIMINAL PETITION No.6143/2019 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.495/2016 PENDING ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, HUNSUR, MYSORE DISTRICT.
IN CRIMINAL PETITION No.6144/2019 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.497/2016 PENDING ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, HUNSUR, MYSORE DISTRICT FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 3 AND 5 OF KOPD ACT.
IN CRIMINAL PETITION No.6146/2019 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.499/2016 PENDING ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, HUNSUR, MYSORE DISTRICT PRODUCED AND MARKED AS ANNEXURE-D.
IN CRIMINAL PETITION No.6147/2019 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.500/2016 PENDING ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, HUNSUR, MYSORE DISTRICT.
IN CRIMINAL PETITION No.6148/2019 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.501/2016 PENDING ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, HUNSUR, MYSORE DISTRICT FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 3 AND 5 OF THE KARNATAKA OPEN PLACE DISFIGUREMENT ACT.
***** THESE CRIMINAL PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R In all these petitions, the petitioners have prayed for the following reliefs:-
In Criminal Petition No.6145/2019 (i) Quash the entire proceedings in C.C.No.498/2016 pending on the file of the Principal Senior Civil Judge & JMFC, Hunsur, Mysore District vide Annexure-D.
(ii) Grant such other relief/s as this Hon’ble Court be pleased to grant in the facts and circumstances of the case, in the interest of justice.
In Criminal Petition No.6141/2019 (i) Quash the entire proceedings in C.C.No.493/2016 pending on the file of the Principal Senior Civil Judge & JMFC, Hunsur, Mysore District vide Annexure-D.
(ii) Grant such other relief/s as this Hon’ble Court be pleased to grant in the facts and circumstances of the case, in the interest of justice.
In Criminal Petition No.6140/2019 (i) Quash the entire proceedings in C.C.No.469/2016 pending on the file of the Principal Senior Civil Judge & JMFC, Hunsur, Mysore District vide Annexure-D.
(ii) Grant such other relief/s as this Hon’ble Court be pleased to grant in the facts and circumstances of the case, in the interest of justice.
In Criminal Petition No.6143/2019 (i) Quash the entire proceedings in C.C.No.495/2016 pending on the file of the Principal Senior Civil Judge & JMFC, Hunsur, Mysore District vide Annexure-D.
(ii) Grant such other relief/s as this Hon’ble Court be pleased to grant in the facts and circumstances of the case, in the interest of justice.
In Criminal Petition No.6144/2019 (i) Quash the entire proceedings in C.C.No.497/2016 pending on the file of the Principal Senior Civil Judge & JMFC, Hunsur, Mysore District vide Annexure-D, for the offence p/u/s 3 and 5 of KOPD Act.
(ii) Grant such other relief/s as this Hon’ble Court be pleased to grant in the facts and circumstances of the case, in the interest of justice.
In Criminal Petition No.6146/2019 (i) Quash the entire proceedings in C.C.No.499/2016 pending on the file of the Principal Senior Civil Judge & JMFC, Hunsur, Mysore District vide Annexure-D.
(ii) Grant such other relief/s as this Hon’ble Court be pleased to grant in the facts and circumstances of the case, in the interest of justice.
In Criminal Petition No.6147/2019 (i) Quash the entire proceedings in C.C.No.500/2016 pending on the file of the Principal Senior Civil Judge & JMFC, Hunsur, Mysore District vide Annexure-D.
(ii) Grant such other relief/s as this Hon’ble Court be pleased to grant in the facts and circumstances of the case, in the interest of justice.
In Criminal Petition No.6148/2019 (i) Quash the entire proceedings in C.C.No.501/2016 pending on the file of the Principal Senior Civil Judge & JMFC, Hunsur, Mysore District for offence p/u/s 3 and 5 of KOPD Act.
(ii) Grant such other relief/s as this Hon’ble Court be pleased to grant in the facts and circumstances of the case, in the interest of justice.
2. The respondent No.2 (common in all these petitions) has filed complaints alleging that during the festivals, the petitioners were stated to have put up illegal banners, buntings and flexboards, without the permission of the competent authority thereby commiting the offence under sections 3 and 5 of the Karnataka Open Spaces (Prevention of Disfigurement) Act, 1981 (for short “the Act”). Consequently, F.I.R. was registered on 29.12.2015 and charge sheet has been filed.
3. Learned counsel for the State has not disputed that the petitioners are accused. In respect of co-accused, this court in Criminal Petition No.505/2017 and connected matters, decided on 20.06.2018, quashed the proceedings and allowed the petitions on the score that section 1 of the Act provides for issuance of notification relating to identifying authorized officer/s. The said notification has not been notified in appointing authorities in respect of different areas. As on the date of filing of complaint/F.I.R., the State Government had not invoked section 1 of the Act in issuing notification and identifying authorities for different areas including Hunsur Town, Mysuru District. The facts of these present petitions are identical to that of the aforesaid decision passed in Criminal Petition No.505/2017 and connected matters, which are not disputed by the learned State Counsel.
Accordingly, all further proceedings in the aforesaid charge sheet cases, pending on the file of the Principal Senior Civil Judge & JMFC, Hunsur, Mysore District and all further investigation therein, insofar as petitioners herein are concerned, are hereby quashed.
The petitions are allowed in terms of the aforesaid decision.
In view of disposal of these cases, the Interlocutory Applications filed for stay in these Criminal Petitions do not survive for consideration. Accordingly, the applications stand disposed of.
Sd/- JUDGE Bss