IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.13 OF 2019 BETWEEN:
1. NANDEESHA S/O SHIVANANJAIAH AGED ABOUT 30 YEARS R/O MANDAKALLI VILLAGE KASABA HOBLI, MYSORE 570 004.
2. SHIVANANJAIAH S/O CHAMAIAH AGED ABOUT 53 YEARS R/O MANDAKALLI VILLAGE KASABA HOBLI, MYSORE 570 004.
3. PARVATHAMMA W/O SHIVANANJAIAH AGED ABOUT 45 YEARS R/O MANDAKALLI VILLAGE KASABA HOBLI, MYSORE 570 004.
4. ANITHA D/O SHIVANANJAIAH AGED ABOUT 25 YEARS R/O M ANDAKALLI VILLAGE KASABA HOBLI, MYSORE 570 004.
5. CHINNASWAMY S/O KRISHNAIAH AGED ABOUT 51 YEARS R/O M ANDAKALLI VILLAGE KASABA HOBLI, MYSORE 570 004. ... PETITIONERS (BY SHRI TEJAS N, ADVOCATE) AND STATE OF KARNATAKA BY MYSORE SOUTH POLICE STATION MYSORE 570 008. (REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR) ... RESPONDENT (BY S.RACHAIAH, HCGP) CRL.P FILED U/S.482 CR.P.C TO QUASH THE ORDER DATED 12.12.2018 PASSED IN S.C.NO.343/2015 ON THE FILE OF I ADDITIONAL SESSIONS JUDGE, MYSURU AS PER ANNEXURE-B AS AN ABUSE OF PROCESS OF LAW.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard.
2. One Siddaiah, father of deceased Keshava Murthy registered FIR No.314/2015 on 12.08.2015 in Mysore South Police Station. Police after investigation, have filed charge sheet in C.C.No.271/2015 for offences punishable under Sections 143, 148, 323, 324, 504, 114, 302, 149 IPC and the case is committed to the Prl. District and Sessions Judge, Mysore, in S.C.No.343/2015.
3. Second petitioner also registered FIR No.319/2015 on the following day of incident. The police after investigation have filed charge sheet in C.C.No.297/2016 for the offences punishable under Sections 143, 147, 148, 341, 324, 504, 506, 427, 149 IPC.
4. Learned advocate for the petitioner filed an application under Section 223 of Cr.P.C before the I Additional Sessions Judge, Mysuru, to call for records in C.C.No.297/2016 pending on the file of Principal II Additional Civil Judge and JMFC, Mysuru, to try the same along with S.C No.343/2013. By the order impugned, learned Sessions Judge has dismissed the said application.
5. Shri Tejas.N., learned advocate for the petitioner submits that since both the cases arise out of same incident and there is a complaint and counter complaint by both parties, learned Sessions Judge ought to have allowed the application and drawn the criminal case pending before the learned Magistrate and tried the same along with the sessions case.
6. Shri Rachaiah, learned HCGP, in his usual fairness, submits that in the facts and circumstances of the case, the request made by the petitioner may be considered.
7. Section 223 of Cr.P.C. provides for charging the accused together and trying them. In the instant case, the incidents mentioned in both the FIRs are common and the complaints are filed by rival parties.
8. The learned trial Judge has dismissed the application on the ground that offence is committed by different persons at different places.
9. A careful perusal of FIR No.314/2015 and 319/2015 show that both are in respect of a common incident and FIRs filed by rival parties. In the circumstances, it is just and appropriate to allow the application filed by the petitioners. Hence, the following:
ORDER i) Order dated 12.12.2018 in S.C.No.343/2015 passed by I Additional Sessions Judge, Mysore, is set aside and petitioners’ application dated 22.06.2017 filed under Section 223 Cr.P.C., is allowed;
ii) Learned Sessions Judge is directed to call for records in C.C.No.297/2016 pending on the file of Principal II Additional Civil Judge and JMFC, Mysuru, and try it along with S.C.No.343/2015.
Petition disposed of. No costs.
Sd/- JUDGE Yn.