Allowed

N Chaluvarayaswamy v. the State of Karnataka

Karnataka HC7 Aug 2023CRL.P/6277/2023

Case brief

AI extract

What is this about?

This Criminal Petition was filed under Section 482 Cr.P.C. to quash proceedings in C.C. No.6231 of 2023 arising from Crime No.20 of 2022. The High Court allowed the petition and quashed the proceedings, relying on the reasoning in C.P. No.3348/2023 and C.P. No.5726 of 2022.

What did the court decide?

Proceedings in Criminal Case No.6231 of 2023 pending before the CMM at Bengaluru arising out of Crime No.20 of 2022 stood quashed.

N Chaluvarayaswamy Vs the State of… — Constitutional and Fundamental Rights | Karnataka HC (2023)

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NC: 2023:KHC:27701 CRL.P No. 6277 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7^TH DAY OF AUGUST 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA

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CRIMINAL PETITION NO. 6277 OF 2023

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BETWEEN:

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N. CHALUVARAYASWAMY S/O LATE NARASHIMEGOWDA, NOW AGED ABOUT 62 YEARS, PRESENTLY MINISTER OF AGRICULTURE, GOVT. IJJALGHATTA VILLAGE, HONAKERE HOBLI, NAGAMANGALA TALUK, MADNYA DISTRICT-571432.

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… PETITIONER

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(BY SRI. CHANDRASHEKARA K.A., ADVOCATE)

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AND:

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Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA, BY THE POLICE OF IJOOR POLICE STATION, RAMANAGARA DISTRICT-562159, R/BY SPP HIGH COURT OF KARNATAKA, BENGALURU-560001.

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M. VIJAYAKUMAR S/O LATE M. MADAPPA, AGED ABOUT 58 YEARS, TAHASILDAR, TALUKA EXECUTIVE MAGISTRATE, RAMANAGARA TALUK, RAMANAGAR-572159.

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… RESPONDENTS

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(BY SRI. REUBEN JACOB,HCGP FOR R1)

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THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS PENDING AGAINST HIM IN C.C.NO.6231/2023 PENDING ON THE FILE OF THE LEARNED 42ND ADDL. CMM SPL. COURT FOR TRIAL OF CASES FILED AGAINST SITTING AS WELL AS FORMER MP'S / MLA'S

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NC: 2023:KHC:27701 CRL.P No. 6277 of 2023

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TRIAL BY MAGISTRATE IN THE STATE OF KARNATAKA P/U/S 5(3A) OF THE KARNATAKA EPIDEMIC DISEASES ACT AND 141, 143, 290 AND 336 R/W 149 OF IPC.

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THIS PETITION, COMING ON FOR ADMISSION, THROUGH VIDEO CONFERENCE AT DHARWAD BENCH, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Learned counsel appearing for the petitioner submits that the issue in the lis sands covered by the judgment rendered by this Court in Criminal Petition No.3348/2023 disposed on 16.06.2023. This Court in the aforesaid judgment has held as follows:

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“ ORDER

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The petitioner who is accused No.1 in C.C.No.6231 of 2023 is before this Court calling in question entire proceedings. The subject issue also arises out of the facts obtaining in Criminal Petition No.5726 of 2022 as the offences alleged are the very same that are obtaining in Criminal petition No.5726 of 2022 except varying of crime numbers and charge sheet numbers. Since offences alleged in this petition are the same and based upon the very same set of facts as obtaining in Criminal Petition No.5726 of 2022, I deem it appropriate to allow the subject petition for the very reasons rendered in Criminal Petition No.5726 of 2022.

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NC: 2023:KHC:27701 CRL.P No. 6277 of 2023

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2. Therefore, I pass the following:

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ORDER

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(i) Criminal Petition is allowed.

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(ii) Proceedings in Criminal Case No.6231 of 2023 pending before the Chief Metropolitan Magistrate Court at Bengaluru, arising out of Crime No.20 of 2022of Ijoor Police Station stnd quashed.”

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In the light of the petitioner being a part of the aforesaid padayatra which formed the subject matter of the proceedings in the aforesaid case, the petitioner is also entitled to succeed on the very same reason rendered to quash the proceedings qua the other accused in the aforesaid quoted judgment.

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