The court dismissed a criminal petition filed under Section 482 Cr.P.C. seeking to quash proceedings under the Karnataka Excise Act. Finding prima facie materials on record, the court held the case was not fit for quashing and rejected reliance on cited precedents.
Petition to quash criminal proceedings in C.C.No.13/2017 dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 28TH DAY OF SEPTEMBER, 2022 BEFORE
THE HON’BLE MS.JUSTICE J.M.KHAZI CRIMINAL PETITION No.101131 OF 2017 BETWEEN
SUBHAS S/O ASHOK GHODAKE AGE: 34 YEARS, OCC: PRIVATE SERVICE, R/O: GANDHINAGAR, RAMDURG, TQ: RAMDURG, DIST: BELAGAVI.
...PETITIONER
(BY SRI. B. S. KUKANAGOUDAR, ADVOCATE)
AND
THE STATE OF KARNATAKA BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD, THROUGH SUB INSPECTOR OF EXCISE, RAMDURG SUB DIVISION, RAMDURG.
…RESPONDENT
(BY SMT. GIRIJA S HIREMATH, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., SEEKING TO QUASH THE CHARGE SHEET (CRIMINAL PROCEEDINGS) IN C.C.NO. 13 OF 2017 FOR THE OFFENCE PUNISHABLE UNDER SECTION 32, 34, 38-A, 43 OF KARNATAKA EXCISE ACT, 1965, PENDING ON THE FILE OF CIVIL JUDGE
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(SENIOR DIVISION) AND JMFC, COURT RAMDURG, IN SO FAR AS THIS PETITIONER IS CONCERNED.
THIS PETITION HAVING BEEN HEARD AND RESERVED ON 15.09.2022, COMING ON FOR PRONOUNCEMENT OF ORDER THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioner who is arraigned as accused No.1 has filed this petition under Section 482 of Cr.P.C. to quash the criminal proceedings in C.C.No.13/2017 on the file of Civil Judge (Sr.Dn) and JMFC Court Ramdurg for the offences punishable under Section 32, 34, 38-A, 43 Karnataka Excise Act, 1965.
sheet came to be filed against the petitioner and other in C.C.No.13/2017 on the file of Civil Judge (Sr.Dn) and JMFC Court Ramdurg for the offences punishable under Section 32, 34, 38-A, 43 Karnataka Excise Act, 1965. Alleging that on 27.09.2015 due to the Ganesh Idol
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Immersion, there was prohibition to sell liquor. On sighting the complainant and his staff petitioner ran away from the room situated near Shankarlinga Temple at Ramdurg Town. Though the complainant and others tried to apprehended him he managed to run away. However, when they went to the room and searched they found large quantity of liquor from Goa was stored in the said room. The said liquor seized through mahazer.
accused No.2 is the owner of the said shop and has failed to intimate the complainant about the illegal sale and thereby facilitated the commission of offences and thereby both petitioner and accused No.2 have committed the offences punishable under Section 32, 34, 38-A, 43 Karnataka Excise Act, 1965.
4. Respondents have appeared through learned
High Court Government Pleader.
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learned counsel representing the petitioner submits that there is no nexus between petitioner and seized articles. The entire charge sheet including the statement of witnesses does not disclose commission of offences by petitioner. Even if the entire charge sheet is accepted as true and translated into evidence, still there is no material to convict the petitioner for the alleged crime. Without conducting proper investigation, charge sheet is filed and prays to allow the petition.
1 2017 AIAR (Criminal) 1006
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prosecutor High Court of A.P. Hyderabad A.P. &
Anr.2
2 2016 AIAR (Criminal) 174
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complainant and his staff were patrolling the area. When they went near a room situated near the Shankarlinga Temple at Ramdurg Town, on sighting them, the petitioner ran away. Though the complainant and others tried to apprehend him and he managed to escape. However, when the complainant and others came back to the room they found large quantity Goan liquor being stocked in the room. The same was seized through mahazer. The forensic report is also collected.
room, to furnish information regarding person who had stocked and selling the liquor, he has given an evasive reply saying that though he has purchased said property, as there was charge on the property, some people forcibly taken the possession of room from him and they have rented it to somebody else. Since, he has
failed to furnish proper information, the owner of the room is also arraigned as accused i.e. accused No.2.
After conducting the detailed investigation, charge sheet
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is filed against the petitioner and accused No.2. It is for the prosecution to establish allegations made against them at trial. At this stage there are prima facie materials to proceed against the petitioner and another. Sofar as the decisions relied upon by the petitioner is concerned, they are based on the facts and circumstances of those cases. However, they are not applicable to the facts and circumstance of the present case.
Sd/JUDGE
AC
2 issues framed by the court
Whether the criminal proceedings in C.C.No.13/2017 under the Karnataka Excise Act are a fit case to be quashed under Section 482 Cr.P.C.
Whether the decisions relied upon by the petitioner regarding lack of nexus and prima facie materials are applicable to the facts of the present case.
Colour shows how this judgement treated each authority
2 provisions across 2 enactments
Subhas S/O Ashok Ghodake
The State of Karnataka
J.M. Khazi
As recorded by the court registry
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