IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.2670 OF 2016 BETWEEN:
SRI. THIMMARAJU H. T. S/O THIMMARAYAPPA AGED ABOUT 39 YEARS HOOVINAHALLI, I.D.HALLI HOBLI MADHUGIRI TALUK TUMKUR, KARNATAKA - 571 124. (BY SRI. VIVEK. S, ADV., ) AND:
1. THE STATE OF KARNATAKA BY MEDIGESHI POLICE STATION MADHUGIRI CIRCLE MADHUGIRI TALUK TUMKUR – 572 133.
2. SRI. MANJUNATHA S/O MALERANGAPPA AGED ABOUT 31 YEARS HOOVINAHALLI, I.D.HALLI HOBLI MADHUGIRI TALUK TUMKUR, KARNATAKA – 571 124. (BY SRI. NASRULLA KHAN, HCGP FOR R-1) …PETITIONER ... RESPONDENTS THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE PROCEEDINGS INITIATED AGAINST THE PETITIONER IN C.C.NO.974 OF 2013 (ARISING FROM CR.NO.37 OF 2013, PS: MEDIGESHI, FOR THE OFFENCES UNDER SECTION 354,324,323,504,341,506,143,149 OF THE IPC) ON THE FILE OF THE ADDL. CIVIL JUDGE AND JMFC AT MADHUGIRI.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner is impleaded in the pending proceedings in C.C.No.974/2013 by order dated 29.12.2014 under Section 319 of Cr.P.C. The order sheet maintained by the learned Magistrate reads as under:
“A.2, 4, 5 are absent. A.1, 3, 6 are present, EP filed, allowed.
APP filed application u/s. 319 of Cr.P.C. Accused has no objection to allow the application. Hence, issue S/S to proposed accused”
2. Considering the provisions of Section 319 of Cr.P.C. and in the light of the decision of the Apex Court in JOGENDRA YADAV & OTHERS VS. STATE OF BIHAR (AIR 2015 SC 2951), this Court has already held in Crl.R.P.No.231/2016, dated 30.03.2016 and Crl.P.No.3068/2014 dated 26.04.2019 that an order to implead an accused without affording an opportunity of hearing is legally unsustainable.
3. Following the said decisions, the impugned order is liable to be set aside.
4. Accordingly, the petition is allowed. The order dated 29.12.2014 passed by the learned Magistrate on the application filed by APP under Section 319 of Cr.P.C. is set aside. The learned Magistrate is directed to reconsider the said application after hearning the petitioner. Since the petitioner has already approached this Court in order to expedite the matter, petitioner is directed to appear before the trial Court on 4.7.2019 without any further notice.
SA Ct: sr Sd/- JUDGE