IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.7890/2018 BETWEEN:
1. IMRAN S/O BAVA AGED ABOUT 35 YEARS R/AT THALIPADPU HOUSE B. MOODA VILLAGE BANTWAL TALUK D.K. DISTRICT-574219.
2. FAROOQ S/O BAVA AGED ABOUT 39 YEARS R/AT THALIPADPU HOUSE B. MOODA VILLAGE BANTWAL TALUK D.K. DISTRICT-574219.
3. AZEEZ S/O P.K. UMARABBA AGED ABOUT 39 YEARS R/AT THALIPADPU HOUSE B. MOODA VILLAGE BANTWAL TALUK D.K. DISTRICT-574219.
4. MUSTHAFA PAROTA ABBOBAKAR AGED ABOUT 36 YEARS R/AT THALIPADPU HOUSE B. MOODA VILLAGE BANTWAL TALUK D.K. DISTRICT-574219.
... PETITIONERS (BY SRI. DHANANJAY KUMAR, ADVOCATE) AND:
1. STATE OF KARNATAKA BY BANTWALA TOWN P.S, BANTWALA D.K, DISTRICT REP. BY SPP HIGH COURT OF KARNATAKA BANGALORE-560 001.
2. SESAMMA K.S, ASSISTANT SUB INSPECTOR BANTWALA TOWN POLICE STATION BANTWAL, D.K.-574219.
... RESPONDENTS (BY SRI. S. CHANDRASHEKHARAIAH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.,P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.609/2014 IN CRIME NO.152/2014 REGISTERED BY THE BANTWALA TOWN POLICE STATION, PENDING ON THE FILE OF ADDITIONAL CIVIL JUDGE AND JMFC, BANTWAL, D.K. DISTRICT AGAINST THE PETITIONERS FOR THE OFFENCES PUNISHABLE UNDER SECTIONS. 143, 147, 504, 353, 427, 506 R/W 149 OF IPC AND 2(A) OF PDLP ACT.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners, who have been arraigned as accused Nos.7, 8, 11 and 12 in C.C.No.609/2014 (Crime No.152/2014) pending on the file of Additional Chief Judge and JMFC, Bantwal, Dakshina Kannada, are seeking for quashing of said proceedings.
2. Having heard the learned Advocates appearing for parties and on perusal of records, it would disclose that above said proceedings have been initiated against petitioners on the strength of a complaint lodged by second respondent on 26.04.2014 alleging that on the said date i.e., on 26.04.2014 at about 11.45 a.m., some unknown persons had gathered and started quarreling near Brahmarakutlu toll gate booth by holding iron rods and wooden sticks in their hands and were threatening the toll workers by using foul language and on credible information being received, complainant is said to have proceeded to the spot along with driver Sri.Subraya Gowda and persuaded the accused persons to stop quarrelling.
Alleging that accused No.11 being a member of town municipality, Bantwal, along with accused No.1 had threatened the police and thereafter destroyed the toll booth including computers, printers, CCTV Cameras and furnitures etc., and had run away from the scene of the incident on public gathering and as such, FIR in Crime No.152/2014 came to be registered against the petitioners for the offences punishable under Sections 143, 147, 148, 504, 353, 324, 427, 506 r/w 149 IPC and Section 2(a) of Prevention of Destruction and Loss of Property Act, 1981.
3. Infact, on the very same date the Manager of toll booth namely, Sri. Shivaprasad Rai had also lodged a similar complaint with Bantwal Police Station against unknown persons making allegations as made in the complaint which came to be registered as Crime No.152/2014 and said complaint lodged by Manager of toll booth came to be registered as FIR in Crime No.151/2014 for the same offences as aforestated. After completion of investigation charge sheet came to be filed in C.C.No.611/2014 (Crime No.151/2014) and after full fledged trial, accused persons came to be acquitted. Copy of the judgment is produced along with petition would disclose that petitioners herein had been arraigned as accused Nos.7, 8, 11 and 12 in C.C.No.611/2014 (Crime No.151/2014), which, as noticed hereinabove ended in acquittal of all the accused persons.
4. In the light of aforestated facts, continuation of present proceedings in C.C.No.609/2014 (Crime No.152/2014) against petitioners for the alleged offences committed on the above said date i.e., 26.04.2014, which was the subject matter of adjudication in C.C.No.611/2014 would definitely be an abuse of process of law and it would not serve any purpose. In that view of the matter, this Court is of the considered view that continuation of proceedings insofar as petitioners are concerned against whom same and similar allegations as was made in C.C.No.611/2014, have been made in C.C.No.609/2014, would only be waste of judicial time.
Hence, I proceed to pass the following;
ORDER (1) Criminal petition is hereby allowed.
(2) Proceedings pending in C.C.No.609/2014 (Crime No.152/2014) on the file of the Additional Civil & JMFC, Bantwal, D.K. registered against petitioners by Bantwal Town Police Station for the offences punishable under Sections 143, 147, 148, 504, 353, 324, 427, 506 r/w Section 149 IPC and Section 2(a) of Prevention of Destruction and Loss of Property Act, 1981, is hereby quashed.
(3) Petitioners are acquitted of the said offences.
In view of petition having been allowed, I.A.No.1/2018 for stay does not survive for consideration and same stands rejected.
SD/- JUDGE RU