IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI CRIMINAL PETITION NO.7086/2019 BETWEEN:
1. Jagadeesha, S/o. G.K.Shetty, Aged about 49 years, R/at No.139, Narayana Shasthri Road, Mysuru – 570 015.
2. Pradeepa, D/o.Sridharan, Aged about 44 years, Bedath House, Peyambal Post, Manandavadi Taluk, Vynadu District, Kerala – 685 561.
3. Dinesh Kumar, S/o.Unnikutti, Aged about 48 years, Residing at Palkal House, Chelluru P.O., Kolikod District, Kerala – 685 561.
4. Girisha, S/o.Raghavan Nair, Aged about 44 years, Kolikod House, Kaniyapati P.O., Vythiri Taluk, Vynad District, Kerala – 673 576.
5. Amir, S/o.Sulaiman, Aged about 34 years, Plamod House, Komolle P.O., Peermod Taluk, Idukki District, Kerala – 685 561.
6. Bissi, W/o. Tamus, Aged about 40 years, Pathanaved House, Nadugante Post, Edikki District, Kerala – 685 561.
(By Sri Kumara K.G., Advocate) AND:
… Petitioners 1. State by Nanjanagudu Rural Police Station, 570 025, Represented by Special Public Prosecutor, High Court of Karnataka, Bengaluru – 560 001.
2. B. Pramodkumar, Police Officer, Nanjanagudu Rural Police Station 570 025. ... Respondents (By Smt.Namitha Mahesh, B.G., HCGP for R-1) This Criminal Petition is filed under Section 482 of Cr.PC praying to quash the proceedings in C.C.No.1524/2010 pending on the file of Principal Civil Judge and JMFC at Nanjanagudu vide Annexure-D registered by the respondent No.1 against the petitioners for the alleged offence P/U/S 3, 4 and 7 of I.T.P. Act.
This Criminal Petition is coming on for admission this day, the Court made the following:-
ORDER The petitioners have sought for the following relief.
The petitioners are arraigned as accused Nos.2 to 7 in FIR No.0208 dated 08.07.2010 filed by Nanjanagudu Rural Police station, Mysore District for the offence punishable under Section 347(1)(2) of the Immoral Traffic (Prevention) Act, 1956 which is retitled as ‘SIT Act’.
2. Learned counsel for the petitioners submits that the authorised officer has not conducted investigation for the offence punishable under the aforesaid Act. The State Government has issued a notification authorising the Police Inspector and above the rank to undertake investigation in respect of the aforesaid offence. Same has been taken note in Crl.P.No.5071/2017 in respect of accused No.1 and set aside the proceedings in C.C. No.1524/2010 pending on the file of the Principal Civil Judge and JMFC, Nanjangud.
3. Since the petitioners in the present criminal petition are co-accused in C.C.No.1524/2010, the present criminal petition also stands allowed. The proceedings in C.C.No.1524/2010 pending on the file of the Principal Civil Judge and JMFC, Nanjangud in so far as the petitioners are concerned is hereby set aside.
Accordingly, the Criminal Petition is allowed.
Sd/-
JUDGE PN/-