Allowed

Basappa Gulappa Ramdurg v. the State of Karnataka

Karnataka HC9 Feb 2021CRL.P/100712/2018

Case brief

AI extract

What is this about?

This criminal petition under Section 482 CrPC sought to quash proceedings in C.C. No. 2/2018. The High Court allowed the petition, holding that the trial court issued summons without applying its judicial mind to the charge sheet, constituting patent illegality.

What did the court decide?

The impugned order dated 04.01.2018 issuing summons to the accused is quashed. The learned JMFC is directed to apply its mind to the charge sheet allegations afresh and pass fresh orders.

Basappa Gulappa Ramdurg Vs the State of Karnataka — Criminal Trial and Appeal | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 09^TH DAY OF FEBRUARY 2021

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BEFORE

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THE HON’BLE MR. JUSTICE P. KRISHNA BHAT

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CRL.P.NO.100712 OF 2018

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BETWEEN

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BASAPPA GULAPPA RAMDURG

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AGE: 43 YEARS, OCC: AGRICULTURE, R/O: SALAHALLI, TQ: RAMDURG, DIST: BELAGAVI-591130.

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HOLEBASAPPA GULAPPA RAMDURG AGE: 45 YEARS, OCC: AGRICULTURE, R/O: SALAHALLI, TQ: RAMDURG, DIST: BELAGAVI-591130.

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...PETITIONERS

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(BY SRI. VITTHAL S TELI, ADV.,)

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AND

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THE STATE OF KARNATAKA REPRESENTED BY

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STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD, THORUGH KATKOL POLICE STATION, KATKOL, TQ: RAMDURG, DIST: BELAGAVI.

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SUMANGAL RAJENDRA PATTAR AGE: 46 YEARS, OCC: HOUSEWIFE, R/O: SALAHALLI, TQ: RAMDURG, DIST: BELAGAVI-591130.

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…RESPONDENTS

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(BY SRI. RAVINDRA NAIK, HCGP FOR R1; R2- NOTICE SERVED)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., SEEKING TO QUASH ENTIRE PROCEEDING IN C.C.NO. 02/2018 (KATKOL PS CR.NO.21/2017) ON THE FILE THE CIVIL JUDGE AND JMFC-COURT, RAMDURG, FOR OFFENCES UNDER SECTIONS 143, 147, 354, 323, 504 R/W SECTION 149 OF IPC.

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THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The prayer in this petition is to quash the entire proceedings in C.C.No.2/2018 (Katkol Police Station Crime No.21/2017) on the file the learned Civil Judge and JMFCCourt, Ramdurg, for offences under sections 143, 147, 354, 323, 504 R/W section 149 of IPC.

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The short grievance of the learned counsel for petitioners is that even though the SHO of Katkol Police Station has filed the charge sheet for offences punishable under sections 143, 147, 354, 323, 504 R/W section 149 of IPC, there is nothing to indicate from the order sheet maintained by the Court below that the learned JMFC had applied his judicial mind before taking cognizance and issuing summons to the accused.

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The certified copy of the order sheet maintained by the learned Court below in C.C.No.2/2018 reads as follows:

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“Order Sheet

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In the Court of:CIVIL JUDGE AND J.M.F.C. RAMDURGA, BELGAUM Filing No.:C.C./2/2018

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Registration No.:C.C./2/2018

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Complainant Accused

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Vs.

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1) State by Katkol P.S. 1) Basappa Gulappa Ramdurg, R/o. Salhalli Tq:Ramdurg & others

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2) Holebasappa Gulappa Ramdurg, R/o. Salhalli Tq:Ramdurg

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FIR NO.:21/2017 Police Station:KATKOL P.S. Nature of Case: CRIMINAL CASES UNDER SEC. Provision of Law: Sec.143,147,354,323,504,R/W149 IPC Advocate of complainant: Sri/Smt.:APP Date of filing : 04-01-2018 Date of Registration: 04-01-2018 Relief:

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Date of Cause of Action:07-02-2017 CAO/CMO

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Registered and Putup/Made over this case to the CIVIL JUDGE AND JMFC, Ramdurga court for disposal according to law.

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CIVIL JUDGE AND J.M.F.C.RAMDURGA

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BELGAUM

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Sr.No.Date Proceedings 04-01-2018 1)

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Issue summons to accused call on:01-03-201.

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Sd/-

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JMFC, Ramdurg.”

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As rightly submitted by the learned counsel for

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the petitioners, the leaned JMFC does not appear to have

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even done the minimum of stating as to what were the

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offences made out from the charge sheet papers and for what offences he had decided to take cognizance and issue summons to the accused. Therefore, it is clear that he has not applied his judicial mind to the charge sheet papers before he had decided to take cognizance of the offences and issue summons to the accused. There is patent illegality committed by the learned Trial Court and therefore, it is liable to be set aside.

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Accordingly, the above petition is allowed. The order dated 04.01.2018 issuing summons to the accused, impugned herein, is quashed.

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Learned JMFC is directed to apply his mind to the charge sheet allegations afresh and pass fresh orders on the same in accordance with law.

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Sd/JUDGE

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yan

Basappa Gulappa Ramdurg v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Basappa Gulappa Ramdurg v. the State of Karnataka

Case brief

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