Allowed

Sri Parane Chettanda Vinu v. Sri Thorera Aiyappa

Karnataka HC19 Sept 2016CRL.P/1624/2014

Case brief

AI extract

What is this about?

High Court of Karnataka allowed Criminal Petitions seeking quashing of proceedings initiated against petitioners via a Private Complaint. The court quashed proceedings where police investigation concluded no case was made out and accused could not be identified.

What did the court decide?

Proceedings pending before the court below in C.C.No.2344/2013 insofar as the petitioners are concerned, are quashed.

Sri Parane Chettanda Vinu Vs Sri Thorera Aiyappa — Quashing and FIR | Karnataka HC (2016)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 19^TH DAY OF SEPTEMBER 2016

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BEFORE

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THE HON’BLE MR. JUSTICE ANAND BYRAREDDY

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CRIMINAL PETITION No.1624 OF 2014

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CONNECTED WITH

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CRIMINAL PETITION No.6714 OF 2014

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IN CRL.P.No.1624/2014

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BETWEEN:

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Sri. Parane Chettanda Vinu @ Suresh, Son of C.K.Subbaiah, Aged about 41 years, Resident of Parane Village, Madikeri Taluk, Kodagu District – 571 201.

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…PETITIONER

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(By Shri Harish Ganapathy, Advocate)

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AND:

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Sri. Thorera Aiyappa, Son of Late Appachu,

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Aged 68 years, Residing at Kadiyathur Village, Madikeri Taluk, Kodagu District – 571 201.

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The State of Karnataka, Represented by Napoklu Police, Madikeri Taluk, Kodagu District – 571 201.

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…RESPONDENTS

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(By Shri P.N.Hegde, Advocate for Respondent No.1; Shri K.R.Keshav Murthy, State Public Prosecutor-II for Respondent No.2/State)

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This Criminal Petition filed under Section 482 code of Criminal Procedure, 1973, praying to quash the proceedings initiated against this petitioner in Private Complaint registered as P.C.No.121/2010 in C.C.No.2344/2013 before the Civil Judge (Jr.Dn.) and Judicial Magistrate First Class, Madikeri.

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IN CRL.P.No.6714/2014

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BETWEEN:

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Koppada Pattu Chengappa @ Palangappa, Father’s name not known, Aged about 54 years,

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Thorera Satheesha, Son of Uthaiah, Aged 36 years,

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Macchanda Dinesha, Father’s name not known, Aged 30 years,

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Thorera Dhanu Nanjaiah, Son of Bheemaiah, Aged 42 years,

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Thorera Raja Somaiah, Son of Ponnappa, Aged 54 years,

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Kenjana Babi, Father’s name not known, Aged 40 years,

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Mukkati Ashoka, Father’s name not known, Aged 36 years,

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Koppada Suju Somaiah, Father’s name not known, Aged 36 years,

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Koppada Udaya Kumar, Son of Chengappa, Aged 40 years,

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Chebira Ravi, Son of now known, Aged 52 years,

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Natolanda Jayaraj, Son of Bheemaiah, Aged 49 years,

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Kodapalu Ganapathy, Father’s name not known, Aged 50 years,

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Thorera Aruna, Son of Nanaiah, Aged 29 years,

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Pudiyathanda Appachu Mani, Son of Aiyappa, Aged 56 years,

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Bychana Ganesha, Father’s name not known, Aged 54 years,

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Bychana Suresha, Father’s name not known, Aged 40 years, Petitioner Nos.1 to 9, 11 and 13 of Kadiyathur Village, Petitioner No.10 of Kottur Village, Petitioner Nos.12, 14 to 16 of Kargunda Village, Madikeri Taluk, Kodagu District – 571 201. …PETITIONERS

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(By Shri Harish Ganapathy, Advocate)

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AND:

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Sri. Thorera Aiyappa, Son of Late Appachu,

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Aged 68 years, Residing at Kadiyathur Village, Madikeri Taluk, Kodagu District – 571 201.

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The State of Karnataka,

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Represented by Napoklu Police, Madikeri Taluk, Kodagu District – 571 201.

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…RESPONDENTS

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(By Shri P.N.Hegde, Advocate for Respondent No.1; Shri K.R.Keshav Murthy, State Public Prosecutor-II, for Respondent No.2)

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This Criminal Petition filed under Section 482 code of Criminal Procedure, 1973, praying to quash the proceedings initiated against these petitioners in Private Complaint registered as P.C.No.121/2010 in C.C.No.2344/2013 before the Principal Civil Judge (Jr.Dn.) and Judicial Magistrate First Class, at Madikeri.

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These Criminal Petitions coming on for Admission this day, the court made the following:

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O R D E R

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Heard the learned counsel for the petitioners.

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These petitions are filed in the wake of the court below

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having taken cognizance of the complaint notwithstanding that

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there was a ‘B’ report filed by the police in parallel

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proceedings, whereby on investigation, it was found by the police that there was no case made out and the accused could not be identified. Notwithstanding the same, a private complaint which was kept in abeyance was taken up by the court below and the sworn statement of the complainant was recorded along with the statement of the witnesses and cognizance was taken and process was issued. It is at that stage that the present petitions are filed.

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The petition in Crl.P.1624/2014 is filed by Accused No.17 and Crl.P.6714/2014 is filed by 16 other accused.

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It is evident that the accused were named by the complainant. It is on a presumption that the accused must have been involved that they are named as the accused, which is also borne out by the fact that the police have not been able to identify the accused at all. In that view of the matter, there is absolutely no case made out against the accused and the pending proceedings are a waste of judicial time.

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Consequently, the petitions are allowed. The

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proceedings pending before the court below in C.C.No.2344/2013 on the file of the Principal Civil Judge & JMFC, Madikeri insofar as the petitioners are concerned, are quashed.

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I.A.1/2014 is disposed of.

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Sd/-

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JUDGE

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Sri Parane Chettanda Vinu v. Sri Thorera Aiyappa

Case brief

What is this about?

What did the court decide?

Sri Parane Chettanda Vinu v. Sri Thorera Aiyappa

Case brief

What is this about?

What did the court decide?

What the court decided

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