IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.985/2014 BETWEEN 1. SURESH G.
S/O G MANKU A/a 34 YEARS, 2. SUJATHA G D/O G MANKU A/a 30 YEARS, 3. SUNEETHA G, D/O G. MANKU, A/a 26 YEARS, PETITIONER NO.1 TO 3 ARE R/AT GUTTU - MANE HOUSE, PERUVAI VILLAGE & POST, BANTWAL TALUK, D K-574182 PETITIONER NO.1 TO 3 ARE THE LR’s OF THE DECEASED ACCUSED BEFORE THE TRIAL COURT. ... PETITIONERS (BY SRI KETHAN KUMAR, ADV.) AND IBRAHIM D.
AGED ABOUT 44 YEARS, S/O PUTTHABBA, ARIGA-MAJALU HOUSE, DARKASTHU, SAVANOOR VILLAGE, PUTTUR, D.K-574202. ... RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS (ANNEXURE-A) IN C.C.NO.2161/2002 PENDING BEFORE THE ADDL. C.J. (SR. DN.) AND J.M.F.C., PUTTUR, D.K.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioners have sought to quash the entire proceedings in CC NO.2161/02 on the file of Addl.Civil Judge (Sr.Division) and JMFC, Puttur, D.K. on the ground that the said proceedings were conducted against a dead person.
2. The respondent herein filed a private complaint under Section 200 of Cr.PC seeking action against one Sri G.Manku S/o.Nittoni, Guttu Mane House, Peruval, Bantwal Tq.., Dakshina Kannada. Learned Magistrate, by order dated 21.7.2007 convicted the said G.Manku (accused) and sentenced him to pay a fine of Rs.1 lakh and in default to undergo simple imprisonment for six months.
3. Thereafter, learned Magistrate issued fine levy warrant (`FLW’ for short) against the said accused Sri G.Manku. However, the warrant was returned to the Court with a report that the accused Sri G.Manku died on 31.5.2007. On receipt of this report, learned Magistrate issued FLW against the L.Rs of the deceased G.Manku.
4. Petitioners are the LRs of aforesaid G.Manku.
Learned counsel for the petitioners has produced the death certificate issued by the Tahsildar, Bantwal Taluk which discloses that the aforesaid G.Manku S/o. Nittoni died on 31.5.2007. The respondent, though served has remained unrepresented. He has not disputed the said document nor has controverted the averments made in the petition which indicate that as on the date of the pronouncement of the judgment in CC No.2161/02, the sole accused G.Manku had died as a result, the said order passed against a dead person is a nullity and the learned Magistrate, after having come to know about the death of sole accused, ought to have stopped the proceedings, instead, the learned Magistrate has proceeded to enforce the said order passed against a dead person by issuing the FLW. The said order being contrary to the settled canons of justice, cannot be sustained.
Consequently, the petition is allowed. The order dated 21.07.2007 passed by the Addl.Civil Judge and JMFC, Puttur is declared as nullity. The sole accused in CC No.2161/02 having died during the pendency of the said proceedings, the proceedings against him are declared as abated.
Consequently, the proceedings in CC No.2161/02 are quashed. The order dated 12.3.2012 passed by the learned Magistrate also stands quashed.
Sd/- JUDGE Sk/- CT-HR