IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B.BAJANTHRI CRIMINAL PETITION NO.556 OF 2019 BETWEEN:
1. SRI B.VEERANJANEYA REDDY, S/O SRI B.DHARMA REDDY, AGED ABOUT 32 YEARS R/O NO.1-52, RAMALAYAM STREET, L.R.PALLI, KADAPA, ANDHRA PRADESH – 516 257.
2. SRI VENKATA REDDY, S/O SRI V.KRISHNA REDDY, AGED ABOUT 36 YEARS R/O MOOLAPALLI POST, CHAKRAYAPET MANDAL, YSR DISTRICT, ANDHRA PRADESH – 516 259. ...PETITIONERS (By Sri BHARATH KUMAR.V., ADVOCATE) AND:
1. STATE OF KARNATAKA THROUGH STATION HOUSE OFFICER, CHENNAMMANAKERE ACHHUKATTU POLICE STATION, BENGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR HON’BLE HIGH COURT OF KARNATAKA, AMBEDKAR VEEDHI, BENGALURU – 560 001.
2. RALLAPALLI SURESH KUMAR S/O LATE SRI R.N.SRINIVAS AGED ABOUT 40 YEARS, OFFICE AT: NO.576, 2ND FLOOR, 30TH MAIN, BANASHANKARI 3RD STAGE, BENGALURU – 560 85. ...RESPONDENTS (BY SRI R.D.RENUKARADHYA, HCGP FOR R1; SRI N.SRIRAM REDDY, ADVOCATE FOR R2) THIS PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO (A) QUASH THE ORDERS DATED 26.07.2017 AND 12.04.2018 PASSED BY THE HON’BLE II ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU IN MATTER BEARING P.C.R.NO.11072/2017 (VIDE ANNEXURE – A), (B) QUASH THE FIR BEARING NO.235/2018 REGISTERED WITH RESPONDENT NO.1 CHENNAMMANAKERE ACHHUKATTU POLICE STATION: WHEREIN THE PETITIONER HEREIN IS ARRAIGNED AS ACCUSED NO.5 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 120-B, 383, 420 OF IPC R/W SECTIONS 3 AND 4 OF THE KARNATAKA PROHIBITION OF CHARGING ON EXORBITANT INTEREST ACT, 2004, PENDING ON THE FILE OF II ACMM, BENGALURU (VIDE ANNEXURE – B).
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER In the instant petition, petitioners have sought for the following reliefs:
“(a). quash the orders dated 26.07.2017 and 12.04.2018 passed by the Hon’ble II Additional Chief Metropolitan Magistrate, Bengaluru in matter bearing P.C.R.No. 1172/2017 (vide Annexure – A).
(b) Quash the FIR bearing No.235/2018 registered with the respondent No.1 Chennammanakere Achhukattu Police Station, wherein the petitioner herein is arraigned as accused No.5 for the offences under Sections 120-B, 383, 420 of IPC read with Sections 3 and 4 of the Karnataka Prohibition of charging on Exorbitant Interest Act, 2004 pending on the file of II ACMM, Bengaluru (vide Annexure – ‘B’)”.
2. The second respondent has filed P.C.R.No.
11072 of 2017. The 2nd Additional Chief Metropolitan Magistrate, Bengaluru ordered for registration of P.C.R. and for further investigation under Section 156(3) of Cr.P.C. The Magistrate has not applied his mind with reference to the allegations stated in P.C.R. so as to come to the conclusion whether is there any prima-facie case for investigation or not. What has been stated is as under:
“Perused the note of the office and examined the materials placed on record. Subramanyapura Police filed the report stating that, place of incident is comes under the Jurisdiction of the CKA Police Station and requested to transfer the case for investigation.
Inview of the report filed by the Subramanyapura Police, offence is directed to refer this case to the PI, CKA Police Station for investigation under Section 156(3) of Cr.P.C.
Call on 18.6.2018”.
3. Having regard to the non-application of mind by the Magistrate in passing order dated 26.07.2017 and 12.04.2018, this petition is allowed. The orders dated 26.07.2017 and 12.04.2018 passed by the 2nd Additional Chief Metropolitan Magistrate, Bengaluru in P.C.R.No. 11072/2017 (Annexure – A) is set aside and the matter is remanded for afresh consideration by the learned Magistrate. Such afresh consideration to be completed within a period of four weeks from the date of receipt of copy of this order.
Sd/- JUDGE DH