IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.5197 OF 2017 BETWEEN:
PRAVEEN @ PAVEEN C.N., S/O LATE C.P.NANJAPPA, AGED ABOUT 43 YEARS, R/AT NO.210, A BLOCK, 2ND FLOOR, SAICON CRESIDIA APARTMENTS, HORAMAVU MAIN ROAD, (NEXT TO HOME BUS) BANASAWADI, BENGALURU-560043. ... PETITIONER (BY SHRI. CHANDRASHEKAR, ADVOCATE) AND:
1. VICTOR SIMON, AGED ABOUT 37 YEARS, WORKING AS A POLICE INSPECTOR, HSR LAYOUT POLICE STATION, BENGALURU CITY, BENGALURU-560102.
2. THE STATE OF KARNATAKA, REP BYAPANAHALLI POLICE STATION, BENGALURU CITY, BENGALURU-560038. ... RESPONDENTS (BY SHRI. S.RACHAIAH, HCGP FOR R2) THIS CRL.P IS FILED U/S 482 CR.P.C PRAYING TO QUASH THE CHARGE SHEET IN CRIME NO.40/2016 AND PROCEEDINGS RELATING TO THE C.C.NO.57132/2016 PENDING ON THE FILE OF THE X ACMM, MAYO HALL, BENGALURU CITY FOR THE OFFENCES P/U/S 120B, 419, 465, 468, 471, 420 R/W 34 OF IPC, 1860 AND OFFENCE U/S 12(1)(B) OF PASSPORT ACT, 1967 AS STATED IN CHARGE SHEET WHICH IS PRODUCED HEREWITH AND MARKED AS DOCUMENT NO.3 AND 4 ALLOW THIS CRIMINAL PETITION.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard Shri. Chandrashekar, learned Advocate for the petitioner and Shri. S.Rachaiah, learned HCGP for the State.
2. Learned advocate for the petitioner submits that the petitioner was shown as accused in following 13 cases:
a. Ashok Nagar Police Station : Cr.No.60/2016 b. Ashok Nagar Police Station : Cr.No.61/2016 c. Shivaji Nagar Police Station : Cr.No.22/2016 d. Vivek Nagar Police Station : Cr.No.42/2016 e. Girinagar Police Station : Cr.No.33/2016 f. HAL Police Station : Cr.No.71/2016 g. Ramamurthynagar Police Station : Cr.No.70/2016 h. Ramamurthynagar Police Station : Cr.No.71/2016
sheet in respect of ten cases. The petitioner was charge sheeted in FIR No. 71/2016 registered in H.A.L. police station and FIR No.71/2016 in Ramamurthy Nagar police station. He challenged the said two charge sheets in Crl.P.No.5823/2016 and Crl.P.No.5824/2016. This Court by order dated 29.09.2016 quashed the said two charge sheets by recoding thus:
“It is in this circumstance that he has been arrayed as an accused in as many as 13 cases. It is stated that out of the 13 cases registered, he has been discharged in 11 cases. However, it is only these two stray cases in which the police have proceeded further, though the allegations in all the cases was identical insofar as the petitioner’s role is concerned. Hence, he seeks that he be discharged in those two pending cases as well, namely in C.C.No.52988/2016 and C.C.No.53071/2016.
4. The learned State Public Prosecutor would concede that the allegations against the petitioner in all the cases as stated, was identical and there is no reason as to why he should be prosecuted in the remaining two cases.”
3. The present petition is filed challenging C.C.No.57132/2016 pursuant to registration of FIR No.40/2016 in Byappanahalli police station.
4. Learned HCGP submits that the charge sheet in this case is filed on the same set of facts as found in C.C.No.52988/2016 and C.C.No.53071/2016.
5. His submission is placed on record.
6. In the said circumstances, no useful purpose would be served in continuing the criminal proceedings in the present case.
7. Resultantly, this petition merits consideration and accordingly it is allowed. All proceedings in C.C.No.57132/2016 pending on the file of X Additional Chief Metropolitan Magistrate, Mayo Hall, Bengaluru, are quashed, so far as petitioner is concerned.
No costs.
Sd/- JUDGE JS/-.