Allowed

Mujammil Alias Mujimil Avati S/O Rafiq Avati v. State of Karnataka

Karnataka HC11 Oct 2023CRL.P/100068/2023

Case brief

AI extract

What is this about?

Criminal Petition filed to quash proceedings for transporting rice without a license. Court held that failure to verify invoices and lack of forensic lab examination invalidated the prima facie evidence. Petition allowed; FIR and criminal complaint quashed.

What did the court decide?

The FIR in Crime No.172/2016 and proceedings in CC.No.489/2017 and CC.No.1027/2022 were quashed. Pending investigation applications were dismissed.

Mujammil Alias Mujimil Avati S/O Rafiq Avati Vs State of… — Cheque Dishonour | Karnataka HC (2023)

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NC: 2023:KHC-D:12284 CRL.P No. 100068 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 11^TH DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA

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CRIMINAL PETITION NO. 100068 OF 2023

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BETWEEN:

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MUJAMMIL ALIAS MUJIMIL AVATI S/O RAFIQ AVATI AGE. 26 YEARS, OCC: BUSINESS R/O. NEAR HAVALADAR HOSPITAL JAMKHANDI BAGALKOT KARNATAKA

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KALAVATHI PARAMAGOND W/O MALLAPPA OCC. HOUSE WIFE. VILLAGE ALGUR JAMKHANDI BAGALKOT KARNATAKA

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VIJAYALAKSHMI M KANKUPPI

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BASAVARAJ PATIL ALIAS BASAPPA S/O IRAGOUD PATIL OCC. DRIVER, AGE. 41 YEARS, R/O. CHOUDAYYA NAGAR, JAMKHANDI, BAGALKOT-57301 KARNATAKA

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… PETITIONERS

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Digitally signed by VIJAYALAKSHMI M KANKUPPI Date: 2023.10.13 16:21:24 +0530

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(BY SRI. MOHAMMED AZURUDDIN M., ADVOCATE)

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AND:

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STATE OF KARNATAKA BY JAMKHANDI TOWN P.S. JAMKHANDI BAGALKOT REP BY HIGH COURT GOVT. PLEADER OFFICE AT DHARWAD HIGH COURT DHARWAD-580011

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… RESPONDENT

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(BY SRI. V.S. KALASURMATH, HCGP.)

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THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO QUASH ALL THE CONSEQUENTIAL PROCEEDINGS INITIATED AGAINST THE PETITIONERS/ ACCUSED NO. 1 TO 3 IN C.C.NO. 1027/2022, PENDING

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NC: 2023:KHC-D:12284 CRL.P No. 100068 of 2023

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ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC JAMKHANDI AT BAGALKOT IMPUGNED COMPLIANT, FIR, AND CHARGE SHEET REGISTERED BY JAMAKHANDI TOWN POLICE STATION, JAMAKHANDI IN CONNECTION WITH THE CRIME NO. 13/2021 FOR THE OFFENCES PUNISHABLE U/SEC. 3 AND 7 OF ESSENTIAL COMMODITIES ACT 1955. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioners are before this Court calling in question the proceedings in C.C. No.1027/2022 registered for the offences punishable under Sections 3 & 7 of the Essential Commodities Act, 1955.

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Learned counsel for the petitioner submits that the issue in the lis stands covered by the judgment rendered by the Co-ordinate Bench of this Court in the case of T.Tippeswamy

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S/o. Sanna Tippaiah Vs. the State of Karnataka in Crl.P.

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No.5130/2023, disposed off on 29.08.2023, wherein the identical issues have been raised and have been answered in favour of the petitioners therein. The Co-ordinate Bench of this Court has held as follows:

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

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“WHEREFORE, the petitioners in the above case most humbly pray this Hon’ble court to be please to quash the FIR in Cr.No.172/2016 of Rampura

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NC: 2023:KHC-D:12284 CRL.P No. 100068 of 2023

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Piolice Station, Molakamuru circle, Chitradurga district for offences punishable u/s 3 and 7 of the Essential Commodities Act, 1955 and further be pleased to quash the entire proceedings pending in CC.No.489/2017 on the file of Civil Judge & JMFC Molakalmuru, Chirtradurga District for offences punishable u/s 3 and 7 of the Essential Commodities Act, 1955 as against them, in the interest of justice.”

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On 26.12.2016, the complainant (Food Shirastedar, Molakalmuru Taluk) had received credible information that Eicher lorry bearing No.KA-16-B- 4335 was proceeding to Challakere from Bellary transporting rice meant for Public Distribution without any valid licence.

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The said Food Shirastedar who is the defacto complainant went to the Rampura Police Station and informed the concerned PSI about the credible information and lodged the written complaint.

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At about 3.00 pm., when the said vehicle arrived in front of Rampura Police Station from Bellary side, the vehicle was stopped by the police alleging that the contents of the goods in the vehicle were rice worth about Rs.45,000/- in 45 gunny bags and another set of rice in 170 plastic bags worth about Rs.1,36,000/- allegedly on the ground that same was meant for Public Distribution System.

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A complaint in Crime No.172/2016 came to be registered for the offences punishable under Sections 3 and 7 of Essential Commodities Act, 1955, the mahazar was conducted and upon investigation, a charge sheet has been filed on 08.05.2017, which is under challenge in these proceedings.

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On an earlier occasion, the petitioners had approached this Court in Crl.P.No.2048/2018, which came to be disposed of on 26.09.2022 in terms of the order passed in Crl.P.No.9689/2016.

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NC: 2023:KHC-D:12284 CRL.P No. 100068 of 2023

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The contention of the learned counsel for the petitioners is that paragraph No.14 of the said order in Crl.P.No.9689/2016 has not been complied with and as such, the charge sheet is required to be quashed.

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Learned Addl. SPP, however, submit that in an earlier Crl.P.No.2048/2018, the petitioners had failed to bring to the knowledge of this Court that the charge sheet has already been laid on 08.05.2017 and hence, the question of following the direction in paragraph No.14 of the order in Crl.P.No.9689/2016 would not arise simply for the reason that the charge sheet had already been laid before the said order has been passed and thereafter, the seized material already having been auctioned, the respondent - Police could not send the same for verification to the Forensic Science Laboratory as required under the order in Crl.P.No.9689/2016. On this ground, he submit that the direction issued in paragraph No.14 being subsequent to the charge sheet having been laid and disposal of the seized articles could not be complied with and the same cannot come to the rescue of the petitioners now and the petitioners have to stand trial.

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Heard Sri B.K.Chandan, learned Counsel appearing for the petitioners and Sri B.N.Jagadeesha, learned Addl. SPP appearing for the respondents and perused the papers.

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The offense which has been alleged against the petitioners is for transporting rice allegedly meant for the Public Distribution System without valid license. For that particular purpose, it is required to prima facie establish that indeed the rice was belonging to the Public Distribution System and that the petitioners had no right over the same. It is but required that in respect of these prima facie evidence, the invoices and payment receipts, if any, produced by the petitioners/transporters would have to be verified by the Investigating Officer before filing a charge sheet.

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In the present case, perusal of the charge sheet

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NC: 2023:KHC-D:12284 CRL.P No. 100068 of 2023

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indicates that no such effort has been made and the invoices which are produced along with the present petition, which have been placed before the Investigating Officer have not been considered.

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That apart, whether the rice belonged to the Public Distribution System or not could only be ascertained by necessary examination by the Forensic Science Laboratory and a report being submitted thereto. The Investigating Officer has not caused such an examination and has gone ahead with the sale of rice on the premise that the same is perishable goods which require immediate sale. Even if the goods are perishable, it is required for the Investigating Officer to send the said rice for necessary examination to the Forensic Science Laboratory and a report is to be obtained from the said authority.

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In the present case, neither of the above have been done. Hence, I am of the considered opinion that there is no legs for the prosecution to stand on and prosecute the petitioners and prima facie there is nothing made out to establish the offense being committed by the petitioners. As such, there would be no purpose in prosecuting the petitioners on such frivolous grounds without any basis.

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In view thereof, I pass the following

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ORDER

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i. The criminal petition is allowed.

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ii. The FIR in Crime No.172/2016 registered with the Rampura Police Station, Molkarmuru Circle, Chitradurga District, for offenses punishable under Sections 3 and 7 of the Essential Commodities Act, 1955 as also the further proceedings in CC.No.489/2017 pending on the file of Civil Judge & JMFC, Molakalmuru Taluk, Chitradurga District, are hereby

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6 - NC: 2023:KHC-D:12284 CRL.P No. 100068 of 2023

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quashed.

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iii. All pending I.As. do not survive for consideration and the same are dismissed.

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Learned HCGP would not dispute the position of law

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as is observed in the case referred supra.

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In view of the issue in the lis standing answered by

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the judgment as aforequoted on all its fours, the subject petition also deserves to succeed.

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For the aforesaid reasons, the following:

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ORDER

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(i) The petition is allowed.

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(ii) The proceedings C.C. No.1027/2022 registered for the offences punishable under Sections 3 & 7 of the Essential Commodities Act, 1955 stands quashed.

Sd/-

JUDGE

VNP

List No.: 2 Sl No.: 34

Mujammil Alias Mujimil Avati S/O Rafiq Avati v. State of Karnataka

Case brief

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Mujammil Alias Mujimil Avati S/O Rafiq Avati v. State of Karnataka

Case brief

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