IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.4242 OF 2016 BETWEEN:
1.SRI V NAGARAJ SON OF LATE VARADAPPA AGED ABOUT 55 YEARS, RESIDING AT NO.U-34, 2ND MAIN, 3RD CROSS HANUMANTHAPURA, SRIRAMPURAM, BANGALORE-560 021 2.SMT. SOWANDARI WIFE OF PRANESH KUMAR AGED ABOUT 53 YEARS, RESIDING AT KASARAGHATTA VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT PIN CODE 562123 3.SMT. V. PUSHPAVATHI WIFE OF VITTAL NAYAK, AGED ABOUT 35 YEARS, RESIDING AT KASARAGHATTA VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT PIN CODE 562123 4.SMT. RASEE N WIFE OF LATE NAGARAJ, AGED ABOUT 45 YEARS, RESIDING AT KASARAGHATTA VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT PIN CODE 562123 5.SMT. K.LATHA WIFE OF MURTHY, AGED ABOUT 30 YEARS, RESIDING AT KASARAGHATTA VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT PIN CODE 562123 6.SRI.A.KUMAR SON OF ANNAMALAI AGED ABOUT 45 YEARS, RESIDING AT KASARAGHATTA VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT PIN CODE 562123 .. PETITIONERS (BY SRI. SIDDAMALLAPPA P M, ADVOCATE) AND 1.TAHSILDAR / EXECUTIVE MAGISTRATE NELAMANGALA TALUK NELAMANGALA BANGALORE RURAL DISTRICT PIN CODE 562123 2.INSPECTOR OF POLICE DABASPET POLICE STATION, DABASPET NELAMANGALA TALUK BANGALORE RURAL DISTRICT PIN CODE 562111.
... RESPONDENTS (BY VIJAYAKUMAR MAJAGE ADDL. SPP FOR RESPONDENTS ) THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONERS PRAYING TO QUASH ANNEXURE-A SHOW CAUSE NOTICE AND ALSO THE PROCEEDINGS INITIATED U/S 107 OF CODE OF CRIMINAL PROCEDURE IN CASE NO.MAG(2) CR 11/2016- 17 AS PER ANNEXURE-B THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri. M.C. Narasimha Murthy, the then Tahasildar of Nelamangala, Bengaluru Rural District is present. He has sworn to an affidavit, inter alia, stating that after the receipt of FIR in Crime Nos.112/2016 and 113/2016 under Section 107 of Cr.P.C., he issued show-cause notice to the petitioners herein in MAG( 2) CR-11/2016-27 dated 16.04.2016 under the provisions of Section 107 of Cr.P.C., though he should have issued it under Section 111 of Cr.P.C. Further, it is stated that, “Though there was a direction to me by this Hon’ble Court in Criminal Petition No.1057/2016 to follow the procedure contemplated under Section 111 of Cr.P.C., I proceed to issue notice under Section 107 of Cr.P.C. The said mistake was a bonafide mistake and it was sent inadvertently. The said mistake was not deliberate and intentional. I have deep respect for the Orders of this Hon’ble Court which I have been obeying for all these years. The mistake committed by me due to inadvertence may be pardoned and I place on record an unconditional apology. Hence, this affidavit.”
2. The averments made in the affidavit clearly indicate that the order passed by this Court in Criminal Petition No.1057/2016 was within the knowledge of the deponent. Inspite of it, he has failed to abide by the direction issued by this Court which requires to be viewed seriously. However, as the deponent has expressed remorse and has tendered an unconditional apology, I do not intend to take any action against the petitioner. Hence, the affidavit is accepted with a warning to Sri. M.C. Narasimha Murthy, presently working in the office of the Deputy Commissioner, Bengaluru Rural District, Beerasandra, Devanahalli Taluk, to strictly abide by law and the orders of the Court without giving room for any such lapse. Accordingly, the affidavit is accepted. Further action against the Tahasildar is dropped.
3. As the facts of this case clearly indicate that the learned Executive Magistrate, namely, respondent No.1 has committed the very same error which is found at fault by this Court in the earlier order, the impugned order is liable to be set aside.
4. Accordingly, the petition is allowed.
The impugned proceedings initiated against the petitioners under Section 107 of Cr.P.C. in MAG(2) CR-11/2016-17 and all consequent action taken thereon are quashed.
Sd/-
JUDGE tsn*