IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.2506/2013 BETWEEN:
NARAYANASWAMY @ JCB NARYAN S/O. LATE HANUMANTHAPPA AGED ABOUT 39 YEARS R/AT NO.203, AJMEERA GREEN ACRES APARTMENTS BANNERGHATTA ROAD BANGALORE-560 076 … PETITIONER (BY SRI YOUNOUS ALI KHAN, ADVOCATE) AND:
1. STATE BY ELECTRONIC CITY P.S. BANGALORE REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT BUILDINGS BANGALORE-560 001 2. SIDDAREDDY S/O. TIMMAREDDY MYLASANDRA VILLAGE MYLASANDRA, BEGUR HOBLI BANGALORE-560 068 …RESPONDENTS (BY SRI I.S.PRAMOD CHANDRA, SPP-II FOR R1;
SRI G.M.SRINIVASA REDDY, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN CRIME NO.293/2012 OF ELECTRONIC CITY POLICE STATION, BENGALURU PENDING ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE, BANGALORE RURAL DISTRICT, BANGALORE.
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 petitioner, learned SPP-II for respondent No.1 and the learned Counsel for respondent No.2.
2. The petitioner is shown as accused No.2 in Crime No.293/2012. The said FIR is registered based on the complaint lodged by one Siddareddy-respondent No.2. In the complaint, it is alleged that accused No.1 frequently used to ring-up to respondent No.2 and used to ask him to vacate the premises. Further, it is stated that on 02.11.2012 at about 1.00 p.m., accused No.1 came to his land and abused the second respondent and threatened him that he was sent by accused No.2.
3. Merely on the basis of the above allegation, FIR could not have been registered against accused No.2.
The allegation made against the petitioner, even if accepted in its entirety do not constitute the offences under Sections 341 and 506 of IPC. The implication of the petitioner in the alleged complaint being wholly illegal and abuse of process of law, the proceedings against him is liable to be quashed.
Accordingly, the petition is allowed. FIR in Crime No.293/2012 registered against the petitioner is hereby quashed.
Sd/- JUDGE LB