IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15th DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.1776/2019 BETWEEN:
1 MANJUNATH S @ MALEYALI MANJA S/O LATE G SURENDRA AGED 47 YEARS OCC: REAL ESTATE AGENT R/O 4041/12, 3RD MAIN 3RD CROSS, ‘B’ BLOCK S.S.LAYOUT DAVANAGERE 577 005 2 KHALANDAR N S/O NAZEER BEIG AGED 54 YEARS OCC: BUSINESSMAN R/O DOOR NO.677/A10 6TH CROSS, BAGATHSINGH NAGAR DAVANAGERE 577 002 3 PRAKASH R S/O REVANAPPA AGED 32 YEARS OCC: BUSINESSMAN R/O NO.719, 7TH CROSS 2ND MAIN, NIJALINGAPPA LAYOUT, DAVANAGERE 577 005 4 NIJAGUNA SHIVAYOGI K.M. S/O SHANMUKAYYA AGED 45 YEARS OCC: BUSINESSMAN R/O NO.2599/3 SRI VEERABHADRESHWARA KRUPA CHURCH ROAD M.C.C. ‘A’ BLOCK ADJACENT TO GAYATHRI HOTEL DAVANAGERE 577 005 ... PETITIONERS (BY JAYA PRAKASH K.N., ADVOCATE) AND:
THE STATE OF KARNATAKA BY K.T.J NAGARA POLICE STATION DAVANAGERE REP. BY ITS S.P.P. HIGH COURT BUILDING BENGALURU 560 001 ... RESPONDENT (BY SRI. S RACHAIAH, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS INCLUDING COMPLAINT AND FIR IN CRIME NO.46/2019 OF K.T.J.NAGARA POLICE STATION, DAVANAGERE FOR THE OFFENCES PUNISHABLE UNDER SECTION 399 & 402 IPC PENDING ON THE FILE OF II JMFC COURT, DAVANAGERE INSOFAR AS PETITIONERS ARE CONCERNED.
THIS CRIMINAL PETITION COMING ON FOR .ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners (accused Nos.1 to 5) are before this Court for quashing of proceedings pending in Crime No.46/2019 registered by K.T.J. Nagara Police registered for the offences punishable under Sections 399 & 402 IPC.
2. Main thrust of the argument advanced by learned Advocate appearing for the petitioner is that even according to the allegations found in the FIR, jurisdictional police had received credible information on 01.03.2019 at 7.45 p.m. about cognizable offence and yet they did not register the FIR till 10.45 p.m. and only after apprehending the petitioners FIR was registered which is contrary to the law laid down by Hon’ble Apex Court in LALITHA KUMARI vs. GOVERNMENT OF U.P. reported in (2014) 2 SCC 1 and as such, proceedings are liable to be quashed. Hence, he prays for allowing the petition and quashing of the proceedings pending against petitioners.
3. Per contra, learned HCGP appearing for the State would support the case of the prosecution and prays for dismissal of the petition.
4. Having heard the learned Advocates appearing for parties and on perusal of the records, it would clearly disclose that FIR registered against petitioners was for the offences punishable under Sections 399 & 402 IPC, which are cognizable offences for which no preliminary enquiry is required to be held. Thus, on receipt of a credible information received with regard to commission of a cognizable offence, jurisdictional police ought to have taken steps to register the FIR mandatorily as prescribed under Section 154 Cr.P.C. particularly, when such credible information itself disclosed cognizable offence.
5. In fact, learned Advocate appearing for petitioner is correct in submitting that jurisdictional police had all time at their disposal not only on receipt of credible information but also had secured panchas by issuing notices to them and yet they did not register the FIR. In fact, entry found in the general diary even according to the averments found in the FIR discloses that it was around 10-45 p.m. General diary entry has been made which is again contrary to Section 154 Cr.P.C. and as such, procedure adopted by the respondent – police being contrary to Section 154 Cr.P.C., continuation of the proceedings against petitioners would definitely be onerous and waste of precious judicial time.
6. Hence, I proceed to pass the following:
ORDER (1) Criminal petition is allowed.
(2) Proceedings pending against petitioner in Crime No.46/2019 registered by K.T.J.Nagara Police for the offences punishable under Sections 399 and 402 IPC on the file of II JMFC Court, Davanagere is quashed and petitioners are acquitted of above said offences.
SD/-
JUDGE *sp