IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.216/2016 BETWEEN:
Sri.Suresh Chandmal Bhandari S/o late Chandmal Bhikambas Bhandari Aged about 62 years, Residing at No.388, Shanivarpeth, Puna – 411030. ... Petitioner (By Sri.Mahesh.S, Advocate) AND:
State of Karnataka By Sub Inspector of Excise, Hoskote Sub Division, Hoskote – 562 114 Represented by State Public Prosecutor, High Court of Karnataka ... Respondent (By Sri.Nasrulla Khan, HCGP) This Criminal Petition is filed u/s.482 of Cr.P.C. praying to quash the entire proceedings in C.C.No.139/2004 of the respondent police pending on the file of Hon’ble Civil Judge and JMFC, Hosakote against the petitioner and grant him relief’s.
This Criminal petition coming on for Admission, this day, the Court made the following:
O R D E R By order dated 02.04.2019, the learned Addl. SPP was directed to apprise the court about the status of the proceedings pending before the trial Court.
2. When the case is taken up for hearing, the learned HCGP appearing for respondent submitted that the case against accused No.1 is dropped by the trial Court by order dated 21.05.2014 in C.C.No.549/1995.
3. The records indicate that the case against the petitioner was split up and numbered as C.C.No.139/2004. The allegations against the petitioner is that Tata lorry owned by him bearing No.MH-12-6489 was found transporting illicit liquor which was seized from the possession of accused No.1 on 03.05.1995. The records disclose that petitioner was produced under warrant on 09.09.2015 and obtained bail and thereafter, sought to quash the said proceedings initiated against him.
4. Having regard to the fact that the proceedings against the primary accused is dropped by the trial Court and the petitioner herein is implicated in the alleged offence solely on the ground that he being the owner of the involved vehicle was in the knowledge of the commission of the offence, in my view, no purpose would be served at this length of time in continuing prosecution against the petitioner since the prosecution has failed to substantiate the basic facts constituting the offence punishable under Sections 11, 13, 14 and 32 and 34 of the Karnataka Excise Act, against accused No.1. In the circumstance, continuation of the proceedings against the petitioner would amount to abuse of process of Court and therefore, the impugned proceedings pending against the petitioner are liable to be quashed.
Accordingly, the petition is allowed. Proceedings pending against the petitioner in C.C.No.139/2004 on the file of the Civil Judge & JMFC, Hosakote, is hereby quashed.
Sd/- JUDGE SV