IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.8229 OF 2016 BETWEEN:
1. K.C. Dinesha, S/o. Chandraiah Achar, Aged about 42 years, Occ: Agriculture, R/at Uluve Village, Kavadi Post, Sringeri Taluk – 577 139.
2. Sharadamma, W/o. K.C. Dinesha, Aged about 36 years, Occupation: Teacher, R/at Uluve Village, Kavadi Post, Sringeri Taluk – 577 139. …Petitioners (By Sri. Rajesh Shettigara, Advocate) AND:
1. The Taluka Executive Magistrate, Sringeri Taluk, Chikkamagaluru – 577 139.
2. State of Karnataka, Represented by Sub-Inspector of Police, Sringeri Police Station, Koppa Sub Division, Chikkamagaluru – 577 139. ...Respondents (By Sri. I.S. Pramod Chandra, SPP-II) This Criminal Petition is filed under Section 482 of Cr.P.C. praying to quash the notice dated 06.06.2016 in MAG.CR.08/2016-17 initiated by the Taluka Executive Magistrate, Shringeri, against the petitioners.
This Criminal petition coming on for Admission, this day, the Court made the following:
O R D E R Heard learned counsel for the petitioners and the learned SPP-II appearing for respondents.
2. Petitioners want to take advantage of the error committed by the Taluka Executive Magistrate in describing the case number in the proceedings conducted under Section 107 of Cr.P.C. (Annexure – D dated 01.06.2016).
3. A Show Cause Notice was issued to the petitioners as to why a bond for Rs.5,000/- cannot be taken from the petitioners for maintaining peace under Section 107 of Cr.P.C. The notice is dated 01.06.2016. The case number therein is referred to as MAG.CR.05/16-17, Cr.P.C. Section 107, Crime No.65/2016 / 26-05-2016. The learned counsel submits that the proceedings in MAG.CR.05/16-17 relates to one Sathish M.S. and Dinesh M.S. and therefore, the petitioners were not bound to appear before the Court.
4. If, for any reason, there was any error in mentioning of the case number, the same does not absolve the petitioners from complying with the Show Cause Notice, to appear before the learned Magistrate. The Show Cause Notice issued to the petitioners contains all the necessary ingredients of Section 107 of Cr.P.C. and in the circumstances it was incumbent upon the petitioners to appear before the Taluka Executive Magistrate and submit their explanation to the Show Cause Notice issued to them. Instead, the petitioners appear to have preferred a Revision Petition against the said order. The learned Sessions Judge has perused the records and has observed that “from the trial court records it is clear that the respondent/Taluka Executive Magistrate has passed an order dated 01.06.2016 in MAG.CR.05/16-17, but the petitioners have filed the petition for setting aside the order dated 06.06.2016 in MAG.CR.08/2016-17”. The said observation makes it clear that the petitioners have not challenged the Show Cause Notice issued in MAG.CR.05/2016-17. In view of the said findings recorded by the Revisional Court, it is clear that the proceedings initiated against the petitioners are not taken to its logical end. Therefore, it is proper for the petitioners to appear before the Taluka Executive Magistrate and submit their explanation for the Show Cause Notice issued under Section 107 of Cr.P.C.
Accordingly, the petition is disposed of directing the petitioners to appear before the Taluka Executive Magistrate and to submit their explanation to the Show Cause Notice dated 01.06.2016, on 15.03.2019, without any further notice.
Sd/- JUDGE SV