IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF DECEMBER 2017 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.10018/2017 C/W CRIMINAL PETITION NO.10019/2017 IN CRL.P.NO.10018/2017 BETWEEN:
1. SRI.P.PRABHAKAR REDDY S/O LATE P.PAPA REDDY AGED ABOUT 45 YEARS 2. SRI.P.JAGADISH REDDY S/O LATE P.PAPA REDDY AGED ABOUT 46 YEARS 3. SRI.R.LAKSHMINARAYANA REDDY S/O LATE P.PAPA REDDY AGED ABOUT 38 YEARS ALL ARE RESIDING AT NO.3 5 ‘A’ CROSS, CHIKKABANASWADI, BENGALURU – 560 043.
(BY SRI.H.P.LEELADHAR, ADVOCATE) AND:
1. STATE OF KARNATAKA BY RAMAMURTHINAGAR POLICE REP: SPP HIGH COURT BUILDINGS, BENGALURU – 560 001.
... PETITIONERS 2. DR.K.V.JAGADISH FATHER NAME NOT KNOWN TO THE PETITONER MAJOR IN AGE, SUPERINTENDENT OF POLICE STF, BDA, BENGALURU SPECIAL TASK FORCE, BENGALURU – 560 020.
…RESPONDENTS (BY SRI.NASRULLA KHAN, HCGP FOR R1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CRIME NO.63/2017 REGISTERED BY THE RAMAMURTHYNAGARA POLICE, WHICH IS NOW PENDING ON THE FILE OF THE X ADDITIONAL C.M.M, BENGALURU FOR THE OFFENCE P/U/S 353, 504 AND 506 R/W 34 OF IPC UNDER ANNEXURE – A AND ALLOW THE PETITION.
IN CRL.P.NO.10019/2017 BETWEEN:
1. SRI.P.PRABHAKAR REDDY S/O LATE P.PAPA REDDY AGED ABOUT 45 YEARS 2. SRI.P.JAGADISH REDDY S/O LATE P.PAPA REDDY AGED ABOUT 46 YEARS 3. SRI.R.LAKSHMINARAYANA REDDY S/O LATE P.PAPA REDDY AGED ABOUT 38 YEARS ALL ARE RESIDING AT NO.3 5 ‘A’ CROSS, CHIKKABANASAWADI, BENGALURU – 560 043.
... PETITIONERS (BY SRI.H.P.LEELADHAR, ADVOCATE) AND:
1. STATE OF KARNATAKA BY RAMAMURTHINAGAR POLICE REP : SPP HIGH COURT BUILDINGS, BENGALURU – 560 001.
2. SRI.LINGARAJU MAJOR IN AGE, ASSISTANT EXECUTIVE ENGINEER, NO.2, NORTH SUB – DIVISION, BDA, R.T.NAGARA, BENGALURU – 560 020.
…RESPONDENTS (BY SRI.NASRULLA KHAN, HCGP FOR R1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CRIME NO.482/2017 REGISTERED BY THE RAMAMURTHY NAGARA POLICE, WHICH IS NOW PENDING ON THE FILE OF THE X ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU CITY FOR THE OFFENCES P/U/S 448 R/W 34 OF IPC UNDER ANNEXURE –A AND ALLOW THE PETITION.
THESE CRIMINAL PETITIONS COMING ON FOR ADMISSION THIS DAY, THE COURT PASSED THE FOLLOWING:-
ORDER Heard the learned Counsel for the petitioners in the above said two cases in Crl.P.No.10018/2017 and Crl.P.No.10019/2017. The petitioners have sought for quashing of the entire investigation in Crime Nos.63/2017 and 482/2017 respectively on the file of Ramamurthynagar Police Station. Crime No.63/2017 was registered for the offences under Sections 353, 504, 506 read with Section 34 of IPC, whereas the Crime No.482/2017 is registered for the offence under Section 448 read with Section 34 of IPC.
2. The learned Counsel for the petitioners submits that there are lot of materials available with the petitioners to show that the case has been falsely lodged by the complainant-first respondent in the above said two cases.
3. As could be seen from the First Information Report in both the cases, there are certain allegations made against the petitioners. The truth or falsity of those allegations have to be tested during the course of investigation after examining the accused also by the police. The petitioners are at liberty to furnish all the materials available with them to the Investigating Officer and in turn, the Investigating Officer has to receive all the materials that may be produced by the accused- petitioners herein and investigate the matter impartially and submit appropriate report to the Court. If any adverse report or chargesheet is filed against the petitioners by the Police without any basis, they are at liberty to approach this Court once again, if need arises.
4. With these observations, the petitions are disposed of.
In view of the disposal of the main petitions, I.A.No.1/2017 filed in both the cases stand disposed of accordingly.
Sd/- JUDGE JT/-