IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF MAY, 2017 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.2613 OF 2014 BETWEEN:
1. MAHAMMED TABREJ S/O.ABDUL KHALEEM AGED ABOUT 34 YEARS GULLENAHALLI VILLAGE SALAGAME HOBLI HASSAN DISTRICT PIN CODE : 573 201 2. SYED FAREED @ FAREED S/O.SYED KHALEEL AGED ABOUT 31 YEARS GULLENAHALLI VILLAGE SALAGAME HOBLI HASSAN DISTRICT PIN CODE : 573 201.
3. REHAMAN ULLA @ SHAPU S/O.ABDUL REHAMAN AGED ABOUT 24 YEARS GULLENAHALLI VILLAGE SALAGAME HOBLI HASSAN DISTRICT PIN CODE – 573 201.
(BY SRI. MOHAMMED TAHIR, ADV., FOR SRI.MOYEEZUDDIN KHAN., ADV.,) ... PETITIONERS AND:
1. THE STATE OF KARNATAKA REPRESENTED BY THE STATION HOUSE OFFICER PENSION MOHALLA POLICE STATION HASSAN, PIN CODE – 573 201.
2. T.KRISHNAMURTHY AGED ABOUT 48 YEARS S/O.THAMMAIAH SHETTY SOSALE VILLAGE T.NARASIPURA TALUK MYSORE DISTRICT PIN CODE – 573 201.
(BY SRI SANDESH J.CHOTA, SPP-II FOR R1, NOTICE TO R2 IS SERVED) ... RESPONDENTS THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.1497/2013 (ARISING OUT OF CR.NO.132/2013) OF PENSION MOHALLA P.S., HASSAN FOR THE ALLEGED OFFENCES U/S.143, 147, 148, 427 R/W.149 OF IPC ON THE FILE OF II ADDL. C.J. AND J.M.F.C., HASSAN.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard the learned counsel for the petitioners. Perused the records.
2. This petition is filed seeking quashing of the entire proceedings in C.C.No.1497/2013 registered against the petitioners, who are arrayed as accused Nos.4, 8 and 19 for the offences under Sections 143, 147, 148, 427 r/w 149 of IPC on the allegations that on 05.07.2012 in the night hours at about 1.00 a.m., the accused persons formed into an unlawful assembly, came on several motor cycles for the purpose of committing some offence. They threw stones on the vehicle belonging to the complainant and others and caused several damages to the extent of Rs.75,000/-. The Police after investigation have filed the charge sheet against the accused persons. When Sections 143 and 147 have been invoked, the Court has to examine the entire evidence to draw an inference of the guilty of the accused. As the charge sheet has already been filed, this Court cannot appreciate the material on record. However, at the time of recording of the plea or framing the charges, the Court can consider the material on record to come to a conclusion.
3. The learned counsel for the petitioners submitted that there is no provision under Criminal Procedure Code to file an application for discharge. Therefore, he submits that Section 482 of Cr.P.C. is applicable to quash such proceedings. When the factual aspects are hazy in nature and the Court cannot draw any inference as to the guilt or innocence of the accused, normally the Court cannot venture upon to quash such proceedings. However, it is a notable point that Hon’ble Apex Court has also drawn the parity of application under Section 239 of Cr.P.C. on par with Section 251 of Code enabling the accused to approach the Trial Court for his discharge even in summons case.
4. The Apex Court in its decision reported in 2012 SC 1747 between Bhushan Kumar and anr. Vs State (NCT of Delhi) and Anr. has laid down in para 17 that “It is inherent in Section 251 of the Code that when an accused appears before the trial Court pursuant to summons issued under Section 204 of the Code in a summons trial case, it is the bounden duty of the trial Court to carefully go through the allegations made in the charge sheet or complaint and consider the evidence to come to a conclusion whether or not, commission of any offence is disclosed and if the answer is in the affirmative, the Magistrate shall explain the substance of the accusation to the accused and ask him whether he pleads guilty otherwise, he is bound to discharge the accused as per Section 239 of the Code.”
5. In view of the above said decision as noted above, as the factual materials are not so sufficient to hold that accused is not guilty, the Court cannot exercise powers under Section 482 of Cr.P.C. Hence, leaving open liberty to the accused to approach the Trial Court for his discharge in view of the above said decision, this petition deserves to be dismissed. Accordingly, it is dismissed.
If such application is filed by the accused, same shall be disposed of expeditiously in accordance with law after giving opportunity to both the sides.
Sd/- JUDGE VM/PMR