IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.311 OF 2019 BETWEEN:
1. SMT. SHWETHA VIJAY W/O VIJAYA KUMAR AGED ABOUT 30 YEARS R/A.NO.6, A BLOCK 8TH CROSS, AECS LAYOUT KUNDALAHALLI BENGALURU-560 037 2. SMT. PUSHPA MANJUNATH W/O M. MANJUNATHA AGED ABOUT 31 YEARS R/A BALAGERE VILLAGE VARTHUR HOBLI BENGALURU EAST TALUK BENGALURU-560 087 3. SRI. G.A. MANOHAR REDDY S/O G.N. ASHWATHA REDDY AGED ABOUT 49 YEARS R/A GUNJUR VILLAGE VARTHUR HOBLI BENGALURU EAST TALUK BENGALURU-560 087 4. SRI. S. MUNISWAMY S/O SADAPPA AGED ABOUT 43 YEARS PRESENTLY R/A NO.180 BELATHUR VILLAGE KADUGODI POST BENGALURU-560 067 5. SRI. B. RAMACHANDRA S/O B. SUBBAIAH R/A. VARTHUR VILLAGE VATHUR HOBLI BENGALURU EAST TALUK BENGALURU-560 067 … PETITIONERS (BY SHRI. VENKATESH P. DALWAI, ADVOCATE) AND:
STATE OF KARNATAKA REP. BY THE STATION HOUSE OFFICER HAL POLICE BENGALURU-560 037 ... RESPONDENT (BY SHRI. NASRULLA KHAN, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN SPL.C.C.NO.398/2018, ON THE FILE OF THE LXXXI ACC AND SJ (SPECIAL COURT EXCLUSIVELY TO DEAL WITH CRIMINAL CASES RELATED TO ELECTED MPs/MLAs IN THE STATE OF KARNATAKA) CCH-82 BANGALORE CITY, BANGALORE VIDE ANNEXURE B AND C.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Learned advocate for the petitioners and learned HCGP jointly submit that the police have filed FIR No.124/2017 on 25.02.2017 in HAL Police Station, Bengaluru, against 25 persons alleging commission of offences punishable under Sections 143, 147, 149, 283 & 341 of IPC. Out of 25 accused, proceedings against 19 accused have been quashed by this Court in CRL.P.No.313/2019 decided on 31.01.2019 and CRL.Ps.No.1037/2019 a/w 1159/2019 decided on 19.02.2019. They further submit that petitioners’ case is identical to the one which have been decided by this Court in the aforementioned petitions.
2. Their submission is placed on record.
3. Hence, following the said decisions, I pass the following;
ORDER (i) Petition is allowed; and (ii) Proceedings in SPL.C.C.No.398/2018 pending on the file of LXXXI ACC & Hon'ble Single Judge (Special Court Exclusively to deal with criminal cases related to elected MPs/MLAs in the State of Karnataka), Bengaluru (CCH-82) are quashed, so far as the petitioners are concerned.
4. 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