Allowed

Sri Addengada Theja @ a U Nanjappa v. the State of Karnataka

Karnataka HC14 Dec 2021WP/9790/2021

Case brief

AI extract

What is this about?

The Karnataka High Court allowed a writ petition filed for quashing criminal proceedings. Relying on a previous order quashing charges against a co-accused for the same offence via two charge sheets, the court dismissed the current case against the petitioner in the same criminal complaint.

What did the court decide?

Petition allowed and proceedings against the petitioner in C.C. No. 893/2019 on the file of JMFC, Ponnampet, are quashed.

Sri Addengada Theja @ a U Nanjappa Vs the State… — Criminal Trial and Appeal | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 14^TH DAY OF DECEMBER 2021

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BEFORE

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THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR

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WRIT PETITION No.9790 OF 2021 (GM-RES)

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BETWEEN

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Sri Addengada Theja @ A.U.Nanjappa, S/o Late Uthappa A.T. @ Uthaiah, Aged about 55 years, R/at Adhar Furniture Shop, Gonikoppa, Devanure Village, Balale Post, Virajpet Taluk, Kodagu District-571219.

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…Petitioner

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(By Sri Mahadeva R.K., Advocate)

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AND

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The State of Karnataka Rep. by the Station House Officer, Ponnampet Police Station, Gonikoppa Circle, Kodagu District-571236. Rep. by its State Public Prosecutor, High Court Building, Bengaluru-560001.

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Smt. A.Leena Mandanna, W/o Mandanna Aged about 40 years, Residing at Kasthuri Estate, Badragola Village, Thithimathi, Kodagu District-571236.

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…Respondents

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(By Sri Rohith B.J., HCGP for R1; Notice to R2 is held sufficient vide Order dated 25.09.2021)

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This Writ Petition is filed under Articles 226 and 227 of Constitution of India read with section 482 of the Code of Criminal Procedure, praying to allow the petition and quash the entire proceedings in C.C.No.893/2019 (is arising out of Crime No.81/2019) of Ponnampet Police Station, Gonikoppa Circle, Kodagu District for the alleged offence punishable under Section 379 of IPC, Section 71(A), 80, 104(A) of Karnataka Forest Act, 1963 and Section 127A, 165 of Karnataka Forest Rules on the file of the Hon’ble Civil Judge (Junior Division) and JMFC at Ponnampet vide Annexure-C.

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This Writ Petition coming on for preliminary hearing in ‘B’ group, this day, the court made the following:

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ORDER

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Accused No.2 in C.C. 893/2019 on the file of

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JMFC, Ponnampet, has sought quashing of the proceedings against him in relation to offences punishable under section 379 of IPC, sections 71A, 80, 104A of the Karnataka Forest Act and Rules 127A and

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165 of the Karnataka Forest Rules.

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Heard Sri R.K.Mahadeva, counsel for the

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petitioner and the High Court Government Pleader.

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According to the petitioner, second charge

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sheet is filed in relation to second FIR in respect of the same offence. Already this court has quashed the proceedings in C.C.893/2019 against the first accused and therefore he is entitled to claim the same benefit.

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The order of this court passed in W.P.386/2020 is made available. Perusal of the same indicates that two charge sheets have been filed in respect of the same offence. A coordinate bench of this court has quashed the proceedings against the first accused. In view of this, this petition is to be allowed. Hence, the following :

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ORDER

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(a) Petition is allowed.

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(b) The proceedings against the petitioner in C.C.893/2019 on the file of JMFC, Ponnampet, are quashed.

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Sd/JUDGE

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ckl

Sri Addengada Theja @ a U Nanjappa v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Addengada Theja @ a U Nanjappa v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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