Allowed

Mariya S/O Antoni Asangi v. the State of Karnataka

Karnataka HC5 Jul 2024CRL.P/101927/2024

Case brief

AI extract

What is this about?

High Court quashed proceedings under Section 107 Cr.P.C. initiated via Taluka Executive Magistrate as per preventive action report filed on 20.11.2023, which lapsed after the statutory period of six months.

What did the court decide?

The impugned proceedings in MAG:CHR.SR.54/2023-24 on the file of Taluka Executive Magistrate, Guledagudda were quashed as they had already lapsed.

Mariya S/O Antoni Asangi Vs the State of… — Civil Procedure and Limitation | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:9295 CRL.P No. 101927 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 5^TH DAY OF JULY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE VENKATESH NAIK T

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CRIMINAL PETITION NO.101927 OF 2024

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BETWEEN:

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MARIYA

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S/O. ANTONI ASANGI AGE 53 YEARS OCC. AGRICULTURE/COOLIE R/O. ASANGI TQ. GULEDAGUDDA DIST: BAGALKOT-587 201.

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JOHN

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S/O. CHOURAPPA GOUDAR

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Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA

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AGE. 51 YEARS OCC. AGRICULTURE R/O. KATAGINAHALLI TQ. GULEDAGUDDA DIST. BAGALKOT-587 201.

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AROGYAPPA S/O. MARIYAPPA GOUDAR

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AGE. 42 YEARS OCC. AGRICULTURE/COOLIE R/O. KATAGINAHALLI TQ. GULEDAGUDDA DIST. BAGALKOT-587 201.

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4. HARRISON

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S/O. LUCAS ULLAGADDI

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AGE. 39 YEARS OCC. AGRICULTURE/AUTO DRIVER R/O. KATAGINAHALLI TQ. GULEDAGUDDA

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NC: 2024:KHC-D:9295 CRL.P No. 101927 of 2024

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DIST. BAGALKOT-587 201.

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…PETITIONERS

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(BY SRI P. N. HOSAMANE, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA THROUGH GULEDAGUDDA POLICE STATION REPRESENTED BY SPP HIGH COURT OF KARNATAKA

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DHARWAD BENCH-580 001.

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THE POLICE INSPECTOR GULEDAGUDDA

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DIST. BAGALKOT-587 201.

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TALUKA EXECUTIVE MAGISTRATE GULEDAGUDDA

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DIST. BAGALKOT-587 201

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RESP. NOS. 2 AND 3 RPTD. BY S.P.P. HIGH COURT OF KARNATAKA DHARWAD-580 001.

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…RESPONDENTS

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(BY SRI JAIRAM SIDDI, H.C.G.P. FOR R1 TO R3)

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THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO QUASH THE REPORT FILED BY GULEDAGUDDA POLICE STATION PAR NO.74/2023 AND ITS FURTHER PROCEEDINGS PENDING ON THE FILE OF TALUKA EXECUTIVE MAGISTRATE GULEDGUDDA IN MAG.CHR.SR.54/2023-24 U/SEC. 107 OF CR.P.C. IN SO FAR AS PETITIONER NO. 1 TO 4/ACCUSED NO. 1 TO 4 ARE CONCERNED.

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THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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3 - NC: 2024:KHC-D:9295 CRL.P No. 101927 of 2024

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ORDER

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Heard learned counsel for the petitioners and learned H.C.G.P for respondent Nos.1 to 3.

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The petitioners have filed this petition under Section 482 Cr.P.C. to quash the entire proceedings in MAG:CHR.SR: 54/2023-2024 passed by Taluka Executive Magistrate, Guledagudda, wherein the Taluka Executive Magistrate initiated proceedings under Section 107 Cr.P.C. against the petitioners.

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On 20.11.2023, Sri. D.H. Yadagiri, HC-1169 submitted a report alleging that there is dispute between the petitioners and the defacto complainant in respect of land bearing Sy.No. 1/2 measuring 4 acre 13 guntas and the suit is pending in O.S.No.364/2023. Hence, the police requested the Tahasildhar to initiate proceedings under Section 107 Cr.P.C. After receipt of report of Head Constable, the Taluka Executive Magistrate issued notice to the petitioners. Accordingly, bond was executed by the petitioners. Now the Taluka Executive Magistrate has proceeded in MAG:CHR.SR:54/2023-24 as per preventive action report. The preventive report was submitted on 20.11.2023. After period of six months, if the Taluka Executive Magistrate

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NC: 2024:KHC-D:9295 CRL.P No. 101927 of 2024

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finds that there is apprehension of breach of peace, he can initiate fresh proceedings by issuing fresh notice to the parties on proper and correct information by the police.

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Under the above circumstances, the proceedings which

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have no grounds in this regard does not survive any more after lapse of six months from the date of initiation.

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Hence, I proceed to pass the following:

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ORDER

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The petition is allowed.

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Impugned proceedings in MAG:CHR.SR:54/2023-24 on the file of Taluka Executive Magistrate, Guledagudda is hereby quashed, as the same has already lapsed.

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Pending IAs, if any, stands disposed of.

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MN/CT-VR List No.: 1 Sl No.: 9

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Sd/JUDGE

Mariya S/O Antoni Asangi v. the State of Karnataka

Case brief

What is this about?

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Mariya S/O Antoni Asangi v. the State of Karnataka

Case brief

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