Allowed

D B Jatti v. State of Karnataka

Karnataka HC14 Sept 2022WP/9192/2019

Case brief

AI extract

What is this about?

In three connected writ petitions, the High Court of Karnataka allowed petitions seeking to quash FIRs and charge sheets. The Court held that laying a charge sheet after an investigation had been transferred to a different police station was impermissible and nonest, quashing the criminal proceedings.

What did the court decide?

Proceedings in CC Nos. 7376/2018, 7383/2018, and 7396/2018 were allowed to be quashed. Investigation directed to be carried out by Varthur Police Station within six months.

D B Jatti Vs State of Karnataka — Contract and Commercial Disputes | Karnataka HC (2022)

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WP No. 9192 of 2019 C/W WP No. 9195 of 2019 WP No. 9197 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 14^TH DAY OF SEPTEMBER, 2022

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 9192 OF 2019 (GM-RES) C/W.

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WRIT PETITION NO. 9195 OF 2019 WRIT PETITION NO. 9197 OF 2019

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IN W.P.No.9192/2019

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BETWEEN:

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D.B.JATTI, S/O LATE DR. B.D. JATTI, AGED ABOUT 74 YEARS,

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SMT. LAKSHMI D. JATTI, W/O D.B. JATTI, AGED ABOUT 50 YEARS, BOTH ARE RESIDING AT VILLA NO.7, DWARAKAMAI, ECC ROAD, WHITE FIELD, BENGALURU – 560 066.

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…PETITIONERS

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(BY SRI. CHETHAN A C., ADVOCATE)

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AND:

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Digitally signed by POORNIMA SHIVANNA Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA, REPRESENTED BY PRINCIPAL SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU – 560 001.

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WP No. 9192 of 2019 C/W WP No. 9195 of 2019 WP No. 9197 of 2019

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DEPUTY COMMISSIONER OF POLICE, WHITEFIELD,

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BENGALURU – 560 066.

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ASSISTANT COMMISSIONER OF POLICE, WHITEFIELD, BENGALURU – 560 066.

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INSPECTOR OF POLICE, WHITE FIELD POLICE STATION, WHITEFIELD, BENGALURU – 560 066.

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SUB INSPECTOR OF POLICE WHITEFIELD

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REBOL, S/O RABOL ALAYAN, PATTANDUR AGRAHARA, NEAR GANESH TEMPLE, WHITE FIELD, BENGALURU – 560 066.

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…RESPONDENTS (BY SRI.MAHESH SHETTY, HCGP FOR R1 TO R5; SRI.V.B.SHIVAKUMAR, ADVOCATE FOR R6)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C. PRAYING TO QUASH THE COMPLAINT, FIR, CHARGE SHEET AND PROCEEDINGS IN C.C.NO.7376/2018 ON THE FILE OF THE IST ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU RURAL [ANENXURE-A, B, C AND D] AND ETC.,

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IN W.P.No.9195/2019

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BETWEEN:

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D.B.JATTI, S/O LATE DR. B.D. JATTI, AGED ABOUT 74 YEARS,

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WP No. 9192 of 2019 C/W WP No. 9195 of 2019 WP No. 9197 of 2019

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SMT. LAKSHMI D. JATTI, W/O D.B. JATTI, AGED ABOUT 50 YEARS, BOTH ARE RESIDING AT VILLA NO.7, DWARAKAMAI, ECC ROAD, WHITE FIELD, BENGALURU – 560 066.

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…PETITIONERS

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(BY SRI. CHETHAN A C., ADVOCATE)

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AND:

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STATE OF KARNATAKA, REPRESENTED BY PRINCIPAL SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU – 560 001.

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DEPUTY COMMISSIONER OF POLICE, WHITEFIELD, BENGALURU – 560 066.

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ASSISTANT COMMISSIONER OF POLICE, WHITEFIELD, BENGALURU – 560 066.

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INSPECTOR OF POLICE, WHITE FIELD POLICE STATION, WHITEFIELD, BENGALURU – 560 066.

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THE SUB INSPECTOR OF POLICE WHITEFIELD POLICE STATION, WHITEFIELD, BENGALURU – 560 066.

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DWARAKAMAI HOME OWNERS ASSOCIATION, DWARAKAMAI LAYOUT, SY.NO.51, ECC ROAD,

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WP No. 9192 of 2019 C/W WP No. 9195 of 2019 WP No. 9197 of 2019

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WHITE FIELD, BENGALURU – 560 066.

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…RESPONDENTS

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(BY SRI.MAHESH SHETTY, HCGP FOR R1 TO R5; SRI.V.B.SHIVAKUMAR, ADVOCATE FOR R6)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C. PRAYING TO QUASH THE COMPLAINT, FIR, CHARGE SHEET AND PROCEEDINGS IN C.C.NO.7383/2018 ON THE FILE OF THE IST ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU RURAL [ANENXURE-A, B, C AND D] AND ETC.,

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IN W.P.No.9197/2019

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BETWEEN:

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D.B.JATTI, S/O LATE DR. B.D. JATTI, AGED ABOUT 74 YEARS,

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SMT. LAKSHMI D. JATTI, W/O D.B. JATTI, AGED ABOUT 50 YEARS, BOTH ARE RESIDING AT VILLA NO.7, DWARAKAMAI, ECC ROAD, WHITE FIELD, BENGALURU – 560 066.

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…PETITIONERS

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(BY SRI. CHETHAN A C., ADVOCATE)

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AND:

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STATE OF KARNATAKA, REPRESENTED BY PRINCIPAL SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU – 560 001.

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WP No. 9192 of 2019 C/W WP No. 9195 of 2019 WP No. 9197 of 2019

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DEPUTY COMMISSIONER OF POLICE, WHITEFIELD, BENGALURU – 560 066.

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ASSISTANT COMMISSIONER OF POLICE, WHITEFIELD, BENGALURU – 560 066.

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INSPECTOR OF POLICE, WHITE FIELD POLICE STATION, WHITEFIELD, BENGALURU – 560 066.

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THE SUB INSPECTOR OF POLICE WHITEFIELD POLICE STATION, BENGALURU – 560 066.

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DWARAKAMAI HOME OWNERS ASSOCIATION, DWARAKAMAI LAYOUT, SY.NO.51, ECC ROAD, WHITE FIELD, BENGALURU – 560 066.

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…RESPONDENTS

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(BY SRI.MAHESH SHETTY, HCGP FOR R1 TO R5; SRI.V.B.SHIVAKUMAR, ADVOCATE FOR R6)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C. PRAYING TO QUASH THE COMPLAINT ANNEXURE – A DATED 18.03.2018 QUASH THE ANNEXURE – B FIR IN CRIME NO.0114/2018 AND QUASH THE ANNEXURE – C IS THE CHARGE SHEET AND QUASH THE ANNEXURE – D IS THE PROCEEDINGS IN C.C.NO.7396/2018 ON THE FILE OF THE IST ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU RURAL AND ETC.,

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WP No. 9192 of 2019 C/W WP No. 9195 of 2019 WP No. 9197 of 2019

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THESE PETITIONS, COMING ON FOR FINAL DISPOSAL, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioners are before this Court seeking for the following reliefs:

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In WP No.9192/2019:

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i. Issue a writ of certiorari quashing the Complaint, FIR, Charge Sheet and proceedings in CC No.7376/2018 on the file of the I Additional Chief Judicial Magistrate, Bengaluru Rural (Annexures-A, B, C and D).

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ii. In the alternative issue a writ of certiorari quashing the charge sheet dated 11.09.2018 (Annexure-C) and issue a writ of mandamus directing the respondents to comply with the order of the 2nd respondent dated 05.09.2018 (Annexure-E) and transfer the complaint and FIR in Crime No.34/2018 to Varthur Police Station for fresh investigation.

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In WP No.9195/2019:

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i. Issue a writ of certiorari quashing the Complaint, FIR, Charge Sheet and proceedings in CC No.7383/2018 on the file of the I Additional Chief Judicial Magistrate, Bengaluru Rural (Annexures-A, B, C and D).

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ii. In the alternative issue a writ of certiorari quashing the charge sheet dated 11.09.2018 (Annexure-A) and issue a writ of mandamus directing the respondents to comply with the order of the 2nd respondent dated 05.09.2018 (Annexure-E) and transfer the complaint and FIR in Crime No.342/2017 to Varthur Police Station for fresh investigation.

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WP No. 9192 of 2019 C/W WP No. 9195 of 2019 WP No. 9197 of 2019

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In WP No.9197/2019:

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i. Issue a writ of certiorari quashing the ComplaintAnnexure-A dated 18.03.2018, quash the Annexure-BFIR in Crime No.114/2018 and quash the Annexure-C is the Charge Sheet and quash the Annexure-D is the proceedings in CC No.7396/2018 on the file of the I Additional Chief Judicial Magistrate, Bengaluru Rural.

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ii. In the alternative issue a writ of certiorari quashing the charge sheet dated 11.09.2018 (Annexure-C) and issue a writ of mandamus directing the respondents to comply with the order of the 2nd respondent dated 05.09.2018 (Annexure-E) and transfer the complaint and FIR in Crime No.114/2018 to Varthur Police Station for fresh investigation.

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In all the above matters, Sri Chethan A.C., learned counsel appearing for the petitioners would submit that charge sheet has been laid by the Investigating Officer, Whitefield Police Station despite an order dated 05.09.2018 passed by the Deputy Commissioner of Police transferring the investigation from Whitefield Police Station to Varthur Police Station. He submits that any charge sheet which has been laid subsequently after the transfer of investigation, is not sustainable and as such, relief sought for has to be granted.

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WP No. 9192 of 2019 C/W WP No. 9195 of 2019 WP No. 9197 of 2019

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Per contra, Sri Mahesh Shetty, learned High Court Government Pleader would submit that though the order dated 05.09.2018 has been passed by the Deputy Commissioner of Police upon a request made by the Investigating Officer, i.e., Station House Officer, Whitefield Police Station vide letter 06.09.2018, the Deputy Commissioner of Police permitted the said Investigating Officer to file the charge sheet and as such, the petition is required to be dismissed.

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Heard Sri Chethan A.C., learned counsel for the petitioners and Sri Mahesh Shetty, learned High Court Government Pleader. Perused the records.

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I am unable to accept the submissions made by Sri Mahesh Shetty, learned HCGP. Once the investigation had been transferred on 05.09.2018 from Whitefield Police Station to Varthur Police

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WP No. 9192 of 2019 C/W WP No. 9195 of 2019 WP No. 9197 of 2019

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Station, unless the said order was rescinded by giving reasons, no permission could have been given by the Deputy Commissioner of Police for laying the charge sheet when the said Investigating Officer was

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not even seized off the matter as on that date.

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A perusal of the order dated 05.09.2018 indicates that the Deputy Commissioner of Police considering the serious allegations made against the Investigating Officer of the Whitefield Police Station, has transferred the investigation to Varthur Police Station. In the alleged permission dated 06.09.2018, there is no reference to any such allegation and or the reasons for rescinding the order of transfer of investigation.

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In view thereof, I am of the considered opinion that the said permission is impermissible and filing of the charge sheet thereafter is nonest. As such, I pass the following:

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10 -

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WP No. 9192 of 2019 C/W WP No. 9195 of 2019 WP No. 9197 of 2019

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ORDER

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i. The petitions are allowed.

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ii. The proceedings in CC Nos.7376/2018, 7383/2018 and 7396/2018 respectively pending on the file of I Additional Chief Judicial Magistrate, Bengaluru Rural.

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iii. Needless to say that the investigation having been transferred to the Varthur Police Station and the Station House Officer of Varthur Police Station is directed to carry our necessary investigation within a period of six months from the date of receipt of this order and file the report.

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Sd/JUDGE

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D B Jatti v. State of Karnataka

Case brief

What is this about?

What did the court decide?

D B Jatti v. State of Karnataka

Case brief

What is this about?

What did the court decide?

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