IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2017 BEFORE THE HON’BLE MR. JUSTICE ANAND BYRAREDDY WRIT PETITION Nos.58033-34 OF 2015 (GM-RES ) BETWEEN:
1. Ravi Mallikarjunaiah, S/o N.Mallaiah, Aged about 45 years, Businessman, residing at No.477, 13th Cross, 9th Main,Vyalikaval, Bengaluru City 03.
2. Vipul S/o Parmanand Chaubey, Aged about 45 years, Residing at No.477, 13th Cross, 9th Man, Vyalikaval, Bengaluru City – 03.
(By Shri Mohammed Akhil, Advocate) AND:
The State, By Karnataka State Police, Vyalikaval Police Station, …Petitioners Bengaluru, Karnataka – 03.
…Respondent (By Smt.Anitha, High Court Government Pleader) ***** These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India r/w Section 482 of Cr.P.C.,praying to quash the complaint & FIR 153/2014 registered in Vyalikaval Police Stations as per the Annexures A & B and all further proceedings pursuant thereto.
These Writ Petitions coming on for Preliminary Hearing in ‘B’ Group, this day, the court made the following:
ORDER The present petition is filed in the following background.
2. The petitioner is said to be a businessmen who is engaged in real estate and petitioner no.2 is the driver of his car. The respondent had registered a case at the instance of one Pradeep Gowda alleging that the petitioners along with one Manoj Kumar had visited Orange Bar and Restaurant and misbehaved with the bar girls and an altercation is said to have been broken out thereafter. The petitioners had left the bar and again stopped bar girls when they were on their way back home and even injured the complainant. It is in this background that the Police had instituted proceedings.
3. It is pointed out that the entire exercise of Police acting in collusion with the complainant was to foist a false case. This is evident from a plain reading of the First Information Report which is replete with errors which would expose the design of the respondent Police, who are acting at the instance of the complainant merely to foist a false case. This is fortified by the fact that there were serial complaints against the petitioner, all of which now been quashed and the present complaint is one in that series which is pending. Since other complaints have been quashed on a similar note that the entire allegations appear to be stage managed and contrived, the present petition requires to be allowed.
4. The learned Government Pleader would endorse that the First Information Report indeed replete with errors which cannot be reconciled.
In that view of the matter, the petition is allowed. The proceedings in FIR No.153/2014 on the file of the Vyalikaval Police Station stands quashed.
Sd/- JUDGE nv