IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.359/2015 BETWEEN:
1. SRI R. RAMESH, S/O. ESHWAR RAO, AGED ABOUT 59 YEARS, #169/1, 7TH MAIN, 4TH CROSS, CHAMARAJPET, BANGALORE – 560 018.
2. SRI E. SHEKHAR S/O. ESHWARAPPA, AGED ABOUT 51 YEARS, #18, RAMAKRISHNAPPA ROAD, COXTOWN, BANGALORE – 560 005. ... PETITIONERS (BY SRI D.R. BASAVARAJAPPA, ADVOCATE) AND:
1. STATE OF KARNATAKA REP. BY THE POLICE SUB-INSPECTOR, BMTF POLICE STATION, BANGALORE – 560 002.
2. B. UMASHANKAR, S/O. LATE BANASHETAPPA, AGED ABOUT 51 YEARS, 3. S. PRASANNA S/O. LATE SIDDAPPA, AGED ABOUT 45 YEARS, BOTH ARE R/AT #43, JUMMA MAJID ROAD CROSS, M.S. LANE, BANGALORE – 560 002. ... RESPONDENTS (BY SRI I.S. PRAMOD CHANDRA, SPP II FOR R-1; SRI SHESHADRI B.N., ADVOCATE FOR R-2 – ABSENT; R-3 SERVED AND UNREPRESENTED) ***** THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONERS PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO QUASH THE FIR FILED BY THE FIRST RESPONDENT BEFORE THE CMM COURT, BANGALORE IN CRIME NO.1/2013 FOR THE OFFENCES P/U/S 418, 419, 420, 465, 468, 471 OF IPC VIDE ANNEXURE-A, BY ALLOWING THIS PETITION FILED AGAINST THE PETITIONER AND TO QUASH THE COMPLAINT FILED BY THE RESPONDENTS NO.2 AND 3 BEFORE THE CMM COURT BANGALORE IN VIDE ANNEXURE-B, BY ALLOWING THIS PETITION FILED AGAINST THE PETITIONERS.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard learned counsel for the petitioners and learned S.P.P. – II for respondent No.1. Learned counsel for respondent No.2 is absent. Though Respondent No.3 is served, he has remained unrepresented.
2. The petitioners have called in question the F.I.R. registered against them by the Bangalore Metropolitan Task Force – respondent No.1, for the alleged offences punishable under Sections 418, 419, 420, 465, 468, 471 of IPC. The said F.I.R. is registered at the instance of one Sri B.Umashankar, who is respondent No.2 herein.
3. Learned counsel for petitioners has placed reliance on the orders passed by this Court in Criminal Petition No.3530/2013 dated 21/11/2013 wherein, relying on the orders passed by this Court in Criminal PetitionNo.5340/2012 and connected matters vide order dated 10/10/2013, it has been held that the Task Force has no jurisdiction to register a case for the offences punishable under the IPC.
4. In the instant case, F.I.R. registered alleging commission of offences punishable under I.P.C. by Bangalore Metropolitan Task Force is without jurisdiction and hence, the proceedings are liable to be quashed.
5. Accordingly, the petition is allowed. The proceedings in Crime No.1/2013 pending on the file of the Chief Metropolitan Magistrate Court, Bangalore, are hereby quashed.
Sd/- JUDGE *mvs