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.4234/2016 BETWEEN KARIYANNA S/O KADURAPPA AGED ABOUT 47 YEARS R/O MARUTHINAGAR TUMKUR NOW RESIDING AT HETHENAHAHALLAMMA TEMPLE NEAR MUNICIPAL WATER TANK GOODS SHED COLONY TUMKURU – 560 201 (BY SMT. MANJULA D., ADV. FOR SRI L. SRINIVASA BABU, ADV.) AND THE STATE OF KARNATAKA BY ITS EXCISE POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE – 560 001 (BY SRI I.S.PRAMOD CHANDRA, SPP-II) ... PETITIONER ... RESPONDENT THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR NO.20/1996-97 AND CHARGE SHEET INITIATED IN C.C.NO.324/1997 ON THE FILE OF THE CIVIL JUDGE (JR.DN.) AND JMFC COURT, SRINIVASAPURA, KOLAR DISTRICT CHARGE SHEET DATED 02.09.1997 FOR THE OFFENCES P/U/Ss. 11, 13, 14 R/W. 32, 34, 35, 35A, 45 OF K.EXCISE ACT, 1965 IN RESPECT TO AGAINST THE ACCSUED NO.4/PETITIONER PRODUCED AT ANNEXURE-B ETC.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and learned SPP-II for respondent - State.
2. The brief facts of the case are as follows:
A lorry bearing registration No.KA 06 3585 owned by accused No.3 was intercepted while carrying 200 liters non-duty paid liquor and a criminal case was registered against accused Nos.1, 2 and 3 for the offences punishable under Sections 11, 13, 14 r/w. Section 32, 34, 35, 38(A), 43(A) and 45 of Karnataka Excise Act, 1965.
3. There are no allegations whatsoever in the FIR regarding the involvement of the petitioner herein, in the alleged offences. After the registration of the case, the owner of the vehicle namely, accused No.3 executed a general power of attorney in favour of the petitioner herein and on the strength of the said general power of attorney, the petitioner sought release of the vehicle involved in the alleged offences. Solely on that ground, the petitioner herein has been arraigned as accused No.4.
4. In the absence of any accusation against the petitioner attracting any of the above offences, it needs to be held that the prosecution launched against the petitioner for the alleged offences is illegal and is an abuse of process of the Court.
5. For the above reasons, the petition deserves to be allowed. Accordingly, petition is allowed. The proceedings pending on the file of the Civil Judge (Jr. Dn.) and JMFC Court, Srinivasapura, Kolar District, in C.C.No.324/1997 are hereby quashed only insofar as the present petitioner is concerned. Proceedings shall be proceeded with against accused Nos.1 to 3 only.
Sd/- JUDGE nvj