IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA WRIT PETITION NOS.38709-38711 OF 2013(GM-RES) BETWEEN:
1. RAJESH PALANI S/O LATE G.P.PALANI, AGED 45 YEARS, NO.10, SUYEJ FARM ROAD, KANAKAGIRI, KILLE MOHALLA, MYSORE-570001.
2. R NETRAVATHI W/O M.RAJESH PALANI, AGED 43 YEARS, NO.10, SUYEJ FARM ROAD, KANAKAGIRI, KILLE MOHALLA, MYSORE-570001.
3. DODDAMMA D/O SIDDAIAH, AGED 51 YEARS, NO.1711, 11TH CROSS, ASHOKA PURAM, CHAMARAJA MOHALLA, MYSORE CITY-570001.
... PETITIONERS (BY SRI: D R RAVISHANKAR, ADVOCATE) AND 1. THE STATION HOUSE OFFICER, VIDYARANYAPURA POLICE STATION VIDYARANYANAGAR, MYSORE CITY, MYSORE-570001.
2. SIDDAIAH S/O GADI SIDDAIAH, AGED 67 YEARS, RESIDING AT NO.2194, 4TH CROSS, ASHOK PURAM, MYSORE CITY-570001.
3. DASAPPA S/O LATE MANCHAIAH, AGED 55 YEARS, NO.1931/1, 13TH CROSS, ASHOK PURAM, MYSORE CITY-570001.
... RESPONDENTS (BY SRI: VIJAYAKUMAR MAJAGE, ADDL. SPP FOR R1; SRI: V.N.MADAVA REDDY, ADVOCATE FOR R2 & R3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 READ WITH SECTION 482 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANN-K THE FIR REGISTERED IN CRIME NO.135/13, DT.15.8.13, BY THE R1 & ALSO FIR REGISTERED IN CRIME NO.136/13 DT.16.8.13, REGISTERED BY THE R1 & PRODUCED AS PER ANN-L.
THESE WRIT PETITIONS COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R In view of submission of the charge sheet in Cr.No.135/2013, learned counsel for the petitioners’ seek leave to withdraw the petition insofar as it relates to quashing of Cr.No.135/2013 is concerned, with liberty to the petitioners to challenge the charge sheet on such grounds available under law.
Submission of the learned counsel is placed on record.
Accordingly, the petition filed by petitioners to quash the FIR in Cr.No.135/2013 is dismissed. Liberty is reserved as prayed for.
Heard learned counsel for petitioners and learned Addl. SPP for respondent No.1.
Counsel for respondent Nos.2 and 3 are absent. Perused the records.
2. Petitioners are aggrieved by registration of FIR against them in Cr.No.136/2013 under sections 447, 427, 297, 504, 506, 323 and 34 of IPC and sections 3(iv) and 3(v) of the Scheduled Castes and the Scheduled Tribes(Prevention of Atrocities) Act, 1989. In the complaint, general allegations are made to the effect that the petitioners herein alongwith other goondas have been interfering with the peaceful enjoyment of the lands belonging to Scheduled Caste and not allowing them to live peacefully. It is further alleged that the petitioners and others have been issuing threats to the complainant in respect of properties comprised in Sy.Nos.123, 124, 126, 145 and 147 of Vidyaranyapuram police limits, Mysore and that on 15.08.2013, at 3.00 p.m., petitioners and others demolished an ancient temple situated in Sy.No.123.
3. The complaint does not even refer to the village in which aforesaid survey numbers are located. There are no averments as to the nature of right of the petitioners in respect of the above properties. The complaint does not disclose the ingredients of any criminal offence. Except making vague and general allegation that the complaint is filed to protect the rights of members of scheduled caste, the complaint does not disclose the ingredients of either trespass or mischief constituting the offences under Sections 447 or 427 of IPC. The allegations of alleged threat or abuse are also equally vague and not specific. On the basis of the alleged vague allegations, no criminal prosecution could be launched against the petitioners. As a result, impugned FIR in Cr.No.136/2013 and consequent proceedings pending on the file of VI Addl. District & Sessions Court, Mysore City are liable to be quashed.
4. Hence the following order:
a. Petition filed by the petitioners to quash the FIR in Cr.No.135/2013 is dismissed.
b. Petition filed by the petitioners to quash the FIR in Cr.No.136/2013 is allowed. Proceedings in Cr.No.136/2013 on the file of VI Addl. District & Sessions Court, Mysore are quashed.
Sd/- JUDGE *mn/-