IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF NOVEMBER 2019 BEFORE THE HON’BLE MR. JUSTICE P.B. BAJANTHRI CRIMINAL PETITION No.2965/2019 BETWEEN:
1. S.UMAPATHI S/O LAE SUBRAMANYAM AGED 49 YEARS, R/AT NO.7062 SHOBHA APARTMENT NAGASANDRA, BENGALURU-560 73.
2. MRS. SUDHA KATVA D/O LAKSHMAN KATVA AGED 51 YEARS R/AT NO.1202, F.BLOCK, JALAVAYU HEIGHTS HMT MAIN ROAD, JALAHALLI, BENGALURU-560 013.
3. MRS. NAVEENA KAMATH AGED ABOUT 48 YEARS R/AT NO.2060, 18TH MAIN 6TH BLOCK, KORAMANGALA BENGALURU.560 095 4. T. NARASIMHAMURTHY S/O. LATE THYAGARAJ AGED 58 YEARS, R/AT NO.9, 13TH CROSS SAMPANGIRAM NAGAR, BENGALURU-560 027.
(BY SRI. PRAKSH M.H, ADVOCATE) …PETITIONERS AND:
1. STATE OF KARNATAKA BY JALAHALLI POLICE STATION, YASHAWANTHAPURA SUB DIVISION, THROUGH THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001.
2. P S B NAIR S/O. V G R NAIR AGE: MAJOR CHIEF SECURITY OFFICER BMRCL METRO RAIL DEPOT OLD MADRAS ROAD, BENGALURU.
... RESPONDENTS (BY SMT. K.P.YASHODHA, HCGP FOR RESPONDENT NO.1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDING PENDING IN C.C.NO.29449/2018 BEFORE THE VII A.C.M.M., BENGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTION 341 AND 353 OF IPC AND CONSEQUENTLY QUASH THE CHARGE SHEET FILED BY THE RESPONDENT POLICE.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioners have prayed for the following relief:-
“Wherefore, it is most humbly prayed this Hon’ble Court be pleased to quash the entire proceedings pending in C.C.No.29449/2018 before the VII Addl. Chief Metropolitan Magistrate, Bangalore, vide Annexure – B for the offences punishable under Sec. 341 and 353 IPC and consequently quash the charge sheet filed by the respondent police in the interest of justice and equity”.
2. Perusal of the allegation leveled against the petitioners that they have disrupted inauguration programme conducted by the BMRCL in respect of Namma Metro Line of Reach – 3B. Undisputedly, petitioners have not taken permission of the police to take out protest in respect of providing certain infrastructure in the metro station. The petitioners are alleged to have prevented the BMRCL Security people and police, who were on duty and disrupted the inaugural function of BMRCL. The petitioners have not made out a case so as to interfere with the proceedings pending in C.C.No.29449/2018 on the file of the VII Additional Chief Metropolitan Magistrate, Bengaluru.
3. In view of the above circumstances, this petition stands dismissed.
Sd/- JUDGE MH/-