IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.3378 OF 2019 BETWEEN:
1. SALAM @ ABDUL SALAM S/O S. KADHAR AGED ABOUT 28 YEARS R/A SANTHI ANGADI HOUSE B.MOODA VILLAGE, JODUMARGA POST BANTWAL T.Q, DK-574 219 2. SHAMEER @ CHAMMI S/O S. ISMAIL AGED ABOUT 39 YEARS R/A SANTHI ANGADI HOUSE B.MOODA VILLAGE, JODUMARGA POST BANTWAL T.Q, DK-574 219 3. ABOOBAKKAR S/O SHEKABBA AGED ABOUT 31 YEARS R/A SANTHI ANGADI HOUSE B.MOODA VILLAGE, JODUMARGA POST BANTWAL T.Q, DK-574 219 4. MOHAMMAD SHARIF @ CHOTTE SHARIF @ SHARIF S/O ABDUL KADHAR AGED ABOUT 39 YEARS R/A SANTHI ANGADI HOUSE B.MOODA VILLAGE, JODUMARGA POST BANTWAL T.Q, DK-574 219 5. ADAM @ PALLA ADAM S/O SHEKABBA AGED ABOUT 36 YEARS R/A SANTHI ANGADI HOUSE B.MOODA VILLAGE, JODUMARGA POST BANTWAL T.Q, DK-574 219 6. SHAMEER @ ABBU SHAMEER S/O SULAIMAN AGED ABOUT 35 YEARS R/A SANTHI ANGADI HOUSE B.MOODA VILLAGE, JODUMARGA POST BANTWAL T.Q, DK-574 219 7. JAINUDDIN S/O SAYYAD AGED ABOUT 38 YEARS R/A SANTHI ANGADI HOUSE B.MOODA VILLAGE, JODUMARGA POST BANTWAL T.Q, DK-574 219 8. SIYAB S/OP ABDUL RAHIMAN AGED ABOUT 37 YEARS R/A SANTHI ANGADI HOUSE B.MOODA VILLAGE, JODUMARGA POST BANTWAL T.Q, DK-574 219 9. UBEDULLA S/O MONU @ BRED MONU @ MOHAMMAD AGED ABOUT 36 YEARS R/A SANTHI ANGADI HOUSE B.MOODA VILLAGE, JODUMARGA POST BANTWAL T.Q, DK-574 219 10. PAYAZ S/O ABDUL KADHAR AGEDABOUT 39 YEARS R/A SANTHI ANGADI HOUSE B.MOODA VILLAGE, JODUMARGA POST BANTWAL T.Q, DK-574 219 11. SHAKEER S/O ABUSALI AGED ABOUT 32 YEARS R/A SANTHI ANGADI HOUSE B.MOODA VILLAGE, JODUMARGA POST BANTWAL T.Q, DK-574 219 … PETITIONERS (BY SHRI. DHANANJAY KUMAR, ADVOCATE FOR SHRI. A. THOUSIF AHAMMAD, ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY BANTWAL TOWN P.S BANTWALA, D.K DISTRICT REPRESENTED BY SPP HIGH COURT OF KARNATAKA BANGALORE-560 001 2. SESAMMA K.S ASSISTANCE SUB INSPECTOR BANTWALA TOWN POLICE STATION BANTWALA DK-574 219 ... RESPONDENTS (BY SHRI. NASRULLA KHAN, HCGP FOR R-1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.609/2014, IN CR.NO.152/2014 REGISTERED BY BANTWALA TOWN POLICE, PENDING ON THE FILE OF ADDITIONAL CIVIL JUDGE AND J.M.F.C., BANTWALA, D.K. DISTRICT AGAINST THE PETITIONERS FOR THE OFFENCE P/U/S 143,147,148,504,353,427,506 R/W 149 OF IPC AND SECTION 2(A) OF PDLP ACT.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER After completion of investigation in FIR No.152/2014 registered in Bantwal Town Police Station, police have filed charge sheet against 15 accused for offences punishable under Sections 143, 147, 148, 353, 427, 504, 506 read with Section 149 of IPC and Section 2(A) of Prevention of Destruction and Loss of Property Act, 1981, (“PDLP Act” for short). Accused No.1 to 6, 9, 10, 13, 14 & 15 have presented this petition challenging the charge sheet.
2. Shri Dhananjay Kumar, learned advocate for the petitioner submits that the police filed two charge sheets in respect of one offence in C.C.Nos.609/2014 and 611/2014. In C.C.No.611/2014, learned Trial Judge has acquitted all accused. Accused Nos.7, 8, 11 & 12 in C.C.No.609/2014 challenged the criminal proceedings in CRL.P.No.7890/2018. This Court, by order dated 29.01.2019, has quashed the criminal proceedings against them and acquitted them of the offences by recording thus;
“2. Having heard the learned Advocates appearing for parties and on perusal of records, it would disclose that above said proceedings have been initiated against petitioners on the strength of a complaint lodged by second respondent on 26.04.2014 alleging that on the said date i.e., on 26.04.2014 at about 11.45 a.m., some unknown persons had gathered and started quarreling near Brahmarakutlu toll gate booth by holding iron rods and wooden sticks in their hands and were threatening the toll workers by using foul language and on credible information being received, complainant is said to have proceeded to the spot along with driver Sri.Subraya Gowda and persuaded the accused persons to stop quarrelling. Alleging that accused No.11 being a member of town municipality, Bantwal, along with accused No.1 had threatened the police and thereafter destroyed the toll booth including computers, printers, CCTV Cameras and furnitures etc., and had run away from the scene of the incident on public gathering and as such, FIR in Crime No.152/2014 came to be registered against the petitioners for the offences punishable under Sections 143, 147, 148, 504, 353, 324, 427, 506 r/w 149 IPC and Section 2(a) of Prevention of Destruction and Loss of Property Act, 1981.
3. Infact, on the very same date the Manager of toll booth namely, Sri. Shivaprasad Rai had also lodged a similar complaint with Bantwal Police Station against unknown persons making allegations as made in the complaint which came to be registered as Crime No.152/2014 and said complaint lodged by Manager of toll booth came to be registered as FIR in Crime No.151/2014 for the same offences as aforestated. After completion of investigation charge sheet came to be filed in C.C.No.611/2014 (Crime No.151/2014) and after full fledged trial, accused persons came to be acquitted. Copy of the judgment is produced along with petition would disclose that petitioners herein had been arraigned as accused Nos.7, 8, 11 and 12 in C.C.No.611/2014 (Crime No.151/2014), which, as noticed hereinabove ended in acquittal of all the accused persons.
4. In the light of aforestated facts, continuation of present proceedings in C.C.No.609/2014 (Crime No.152/2014) against petitioners for the alleged offences committed on the above said date i.e., 26.04.2014, which was the subject matter of adjudication in C.C.No.611/2014 would definitely be an abuse of process of law and it would not serve any purpose. In that view of the matter, this Court is of the considered view that continuation of proceedings insofar as petitioners are concerned against whom same and similar allegations as was made in C.C.No.611/2014, have been made in C.C.No.609/2014, would only be waste of judicial time.
Hence, I proceed to pass the following;
ORDER (1) Criminal petition is hereby allowed.
(2) Proceedings pending in C.C.No.609/2014 (Crime No.152/2014) on the file of the Additional Civil & JMFC, Bantwal, D.K. registered against petitioners by Bantwal Town Police Station for the offences punishable under Sections 143, 147, 148, 504, 353, 324, 427, 506 r/w Section 149 IPC and Section 2(a) of Prevention of Destruction and Loss of Property Act, 1981, is hereby quashed.
(3) Petitioners are acquitted of the said offences.”
3. Shri Nasrulla Khan, learned HCGP, in his usual fairness, does not dispute the facts of the case.
4. In the circumstances, in the light of the said decision of this Court, petitioners shall be entitled for similar relief granted by this Court in CRL.P.No.7890/2018,. Hence, the following;
ORDER (i) Petition is allowed;
(ii) Proceedings in C.C.No.609/2014 (Crime No.152/2014) pending on the file of Additional Civil & JMFC, Bantwala, D.K., registered against petitioners in Bantwal Town Police Station for offences punishable under Sections 143, 147, 148, 504, 353, 324, 427, 506 r/w Section 149 IPC and Section 2(a) of Prevention of Destruction and Loss of Property Act, 1981, are hereby quashed; and (iii) Petitioners are acquitted of the said offences.
5. In view of disposal of the petition, I.A.No.1/2019 does not survive for consideration and the same stands disposed of.
No costs.
Sd/- JUDGE AV