IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.4477 OF 2019 BETWEEN :
1. SANDEEP SHETTY S/O ESHWARA SHETTY AGE: 34 YEARS R/AT GORIGUDDE MEENUGARIKA COLLEGE NEAR SHANKANADI MANGALURU-575 001 2. HARISH POONJA S/O MUTHANNA POONJA AGED 34 YEARS RESIDING AT MITHILA NILAYA GARDADI POST AND VILLAGE BELTHANGADY TALUK-574 240 3. NANDAN MALYA S/O SUDARSHAN MALYA AGED 29 YEARS RESIDING AT PINTOS LANE KARANGLPADI MANGALURU-575 001 4. SADANANDA S/O MONTA MALYA AGED 61 YEARS RESIDING AT DURGA NIVAS ALAPE PADEEL MANGALURU TALUK-575 001 5. SANJAY PRABHU S/O N.R. PRABHU AGED 49 YEARS RESIDING AT SAMRIDDI PRAGATHI COLONY BALIGA STORE BACK BEJAI, MANGALURU-575 001 6. KIRAN RAI S/O SHANKAR RAI AGED 35 YEARS RESIDING AT DURGA RESIDENCY EKKURU, KAMKANADI MANGALURU TALUK-575 001 7. RAHIM UCHIL S/O ABDULLA AGED 42 YEARS RESIDING AT B2/02 DIAMOND CITY APARTMENT MARNAMI KATTE MANGALURU TALUK-575 001 8. ESHWAR KATEEL S/O SUNDARA POOJARI AGED 50 YEARS RESIDING AT SUMITHRA COTTAGE KONDEMOOLU VILLAGE KATEEL POST MANGALURU TALUK-575 001 9. ABHILASH SHETTY S/O SADANANDA SHETTY AGED 24 YEARS RESIDING AT KERAMA HOUSE KONDEMOOLA VILLAGE KATEELU MANGALURU TALUK-575 001 10. DURGA CHARAN S/O SITARAMA SHETTY AGED 24 YEARS RESIDING AT SHETTY SADANA KATEEL, KONDEMOOLA VILLAGE KATEELU, MANGALURU TALUK-575 001 11. ASHRAF HAREKALA S/O IDINABBA AGED 35 YEARS RESIDING AT JAKEER MANZIL HAREKALA ODDAGURU ULLALA, MANGALURU-575 001 ... PETITIONERS (BY SHRI. P. KARUNAKAR, ADVOCATE) AND :
STATE OF KARNATAKA BY BAJAPE POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA-01 … RESPONDENT (BY SHRI. K. NAGESHWARAPPA, HCGP) . . . .
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE CHARGE SHEET DATED 14.03.2017 IN CHARGE SHEET NO.44/2017 OF BAJAPE POLICE, FILED IN CRIME NO.239/2016 AND ENTIRE PROCEEDINGS IN C.C.NO.65/2019 PENDING ON THE FILE OF THE JMFC II COURT, MANGALURU FOR THE OFFENCE P/U/S.143, 147, 341, 504, 290, 160 R/W SEC.49 OF IPC.
THIS CRL.P COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The Inspector of Bajape Police Station, Mangalore filed a report on 25.08.2016 and he himself registered it as FIR No.239/2016 on 25.08.2016 alleging that the accused were causing disturbance of public order when a Cine actress was expected to arrive in Mangalore Airport. The very same officer also filed the charge sheet in C.C. No.65/2019 before the learned JMFC-II Court, Mangalore City, Mangalore.
2. Shri.Karunakar P., learned Advocate for petitioners urged a solitary but valid contention that the informant, the Registering Officer and the Investigating Officer are one and the same in this case and the same is impermissible in law.
3. The said position of law is not disputed by the learned HCGP in his usual fairness.
4. Shri.Karunakar P., is right in his submission that the informant and the Officer registering the complaint and the Investigating Officer cannot be the same person.
5. Resultantly, this petition merits consideration and the same is allowed.
All proceedings in C.C. No.65/2019 arising out of Crime No.239/2016 pending on the file of JMFC II Court, Mangaluru are quashed.
No costs.
6. In view of disposal of the petition, I.A.No.1/19 does not survive for consideration and the same is also disposed of.
Sd/- JUDGE SPS