Disposed

Sri. Mirza Waris Ali Baig S/Omirza Torab Ali and Ors. v. the State of Karnataka Lokayukta, Raichur Police

Karnataka HC20 Feb 2013CRL.RP/3005/2013

Case brief

AI extract

What is this about?

In a criminal revision petition, the High Court observed that invoking Section 193 Cr.P.C. in proceedings under Section 344 Cr.P.C. was out of place but would not render them void. The Sessions Court was directed to disregard Section 193 and proceed under Section 344.

What did the court decide?

Proceedings directed to be conducted under Section 344 Cr.P.C.; invocation of Section 193 Cr.P.C. eschewed.

Sri. Mirza Waris Ali Baig S/Omirza Torab… — Civil Procedure and Limitation | Karnataka HC (2013)

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IN THE HIGH COURT OF KARNATAKA, CIRCUIT BENCH AT GULBARGA

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DATED THIS THE 20^TH DAY OF FEBRUARY, 2013

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BEFORE

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THE HON’BLE MR.JUSTICE ANAND BYRAREDDY

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CRIMINAL REVISION PETITION NO.3005 OF 2013

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BETWEEN:

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Mirza Waris Ali Baig S/o Mirza Torab Ali Baig, Age: 30 years, OccL Coolie, R/o Maddipet, Raichur.

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Arjun S/o Lalappa Age: 45 years, Occ: Veterinary Doctor, R/o Lingasugur, District: Raichur.

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Mehaboob S/o Naseeruddin, Age: 41 years, Occ: Teacher, M.P.H.S. Siya Talab, Raichur.

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… Petitioners

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(Shri Ishwar Raj S Chowdapur, Advocate)

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AND:

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The State of Karnataka, (Lokayukta, Raichur Police) Represented by

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Special Public Prosecutor, Circuit Bench at Gulbarga.

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… Respondent

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(Shri Sanjay A Patil, Additional State Public Prosecutor)

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This Criminal Revision Petition is filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, praying to set aside the order dated 12.12.2012 passed against the petitioners by Principal Sessions Judge at Raichur initiating proceedings against the petitioners under Section 344 of Cr.P.C. in Spl. Case No.12/2011.

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This revision petition coming on for admission this day, the Court made the following:

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O R D E R

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The petitioner is before this Court complaining that the proceedings have been initiated by the Sessions Court on the basis that the petitioners had tendered false evidence and therefore as contemplated under Section 344 of the Code of Criminal Procedure, 1973 (Hereinafter referred to as the ‘Cr.P.C.’, for brevity), it was open for the Court below to have taken further steps by itself and to conduct a summary trial in respect of the alleged offence, or to have referred the matter to the Court of Magistrate, in terms of Section 344 of Cr.P.C.

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However, the Court having issued notice, invoking Section 193 of Cr.P.C., is totally out of place and would render the entire proceedings void as being without jurisdiction.

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While there is substance in the contention of the

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learned counsel for the petitioners, the objection is merely as regards the form in which the proceedings have been initiated. Since it cannot be disputed that the power of the Court below was available under Section 344 of Cr.P.C. to hold an enquiry. The Court having invoked Section 193 of Cr.P.C. was certainly out of place. Therefore, the same shall stand eschewed. It would not stand to reason and would not serve the interest of justice to quash the proceedings on that count. However, the Court below is directed to hold an enquiry if it so pleases, in terms of Section 344 of Cr.P.C.

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With that observation the petition stands disposed of. Any steps taken by the Court below on the contrary would

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stand eschewed and necessary corrections to be made by the

Court below.

Sd/-

JUDGE

swk

Sri. Mirza Waris Ali Baig S/Omirza Torab Ali and Ors. v. the State of Karnataka Lokayukta, Raichur Police

Case brief

What is this about?

What did the court decide?

Sri. Mirza Waris Ali Baig S/Omirza Torab Ali and Ors. v. the State of Karnataka Lokayukta, Raichur Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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