IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2019 BEFORE THE HON' BLE MR.JUSTICE R DEVDAS WRIT PETITION NO.37290/2015 (GM-RES) BETWEEN SHRI. MAHENDRA MUNOT S/O LATE MOTEELAL MUNOT, AGE: 50 YEARS, OCC:PROPRIETOR M/S.MARUTHI MEDICALS, R/AT.NO.13/50, 14/49, SRI MOTI BUILDING, SERVICE ROAD, REMCO LAYOUT, VIJAYANAGAR 2ND STAGE, BENGALURU 560 040.
(BY SRI. S. B. HEBBALLI, ADVOCATE) AND ...PETITIONER THE STATE OF KARNATAKA REPRESENTED BY THE DRUGS INSPECTOR, BENGALURU CIRCLE-IV, OFFICE OF THE ASSISTANT DRUGS CONTROLLER, PALACE ROAD, BENGALURU 560001.
…RESPONDENT (BY SRI MAHESH SHETTY, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD:15.06.2015 PASSED IN C.C. NO.8/2014 ON THE FILE OF THE SPECIAL COURT FOR ECONOMIC OFFENCES AT BENGALURU A COPY OF WHICH IS PRODUCED HEREIN AS PER ANNEXURE-G.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER R.DEVDAS J., (ORAL):
The grievance of the petitioner in this petition filed under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.PC is that on a same set of complaint, action has been taken against the petitioner separately in two different Courts, on the premise that the alleged offence is punishable under the Drugs and Cosmetics Act, 1940 and IPC.
2. Learned counsel for the petitioner submits that Section 210 (1) of Cr.PC., provides that when in a case instituted otherwise than on a police report (hereinafter referred to as a complaint case), it is made to appear to the Magistrate, during the course of the inquiry or trial held by him, that an investigation by the police is in progress in relation to the offence which is the subject- matter of the inquiry or trial held by him, the Magistrate shall stay the proceedings of such inquiry or trial and call for a report on the matter from the police officer conducting the investigation. In this regard, an application was earlier filed by the petitioner before the Magistrate seeking stay of the proceedings. The same came to be rejected by an order dated 15.06.2015. However, it is contented by the learned counsel for the petitioner that sub-Section (2) of Section 210 of Cr.PC, would further provide that if a report is made by the investigating police officer under section 173 and on such report cognizance of any offence is taken by the Magistrate against any person who is an accused in the complaint case, the Magistrate shall inquire into or try together the complaint case and the case arising out of the police report as if both the cases were instituted on a police report. Learned counsel for the petitioner submits that this provision is made keeping in mind that there shall not be multiplicity of proceedings and divergent opinion which would prejudice the case of the accused. Learned counsel for the petitioner therefore prays that it would suffice, if the sub-Section (2) of Section 210 Cr.PC is followed and both cases are heard together.
3. Learned High Court Government Pleader appearing for the respondent-State seeks to resist the prayer made in the writ petition.
4. Heard the learned counsel for the petitioner and learned High Court Government Pleader for State and perused the material on record.
5. Though the prayer made in the writ petition is to quash the impugned order dated 15.06.2015 passed in C.C.No.8/2014, since the learned counsel for the petitioner has restricted his prayer to the extent of a direction to the magistrate in following the procedure contemplated under sub-section (2) of Section 210 of Cr.PC., the petition requires to be partly allowed.
6. Accordingly, the Special Court for Economic Offences at Bengaluru, shall try both the cases instituted on a police report and the one instituted on a private complaint made by the complainant i.e., C.C.No.8/2014 and C.C.No.4255/2014, which is now pending before the I Addl. ACMM, Bengaluru city, in terms of sub-section(2) of Section 210 Cr.PC. C.C. No.4255/2014 shall stand transferred from I Addl. ACMM Bengaluru to the Special Court for Economic Offences, Bengaluru. With these observations, the petition stands disposed of.
Sd/- JUDGE DL