Allowed

Sameer S/O. Mohammed Yousuf Betageri v. the State of Karnataka

Karnataka HC2 Sept 2024CRL.P/103591/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a criminal petition under Section 482 CrPC seeking to quash proceedings. The court quashed the case against the petitioner, finding that arranging him as an accused instead of the property owner constituted an abuse of the process of law.

What did the court decide?

The proceedings against the petitioner in C.C. No. 1065/2023 pending in JMFC-III Court, Hubballi are quashed.

Sameer S/O. Mohammed Yousuf Betageri Vs the State of… — Quashing and FIR | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:12587 CRL.P No. 103591 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 2^ND DAY OF SEPTEMBER 2024 BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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CRIMINAL PETITION NO. 103591 OF 2023

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BETWEEN:

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SAMEER S/O. MOHAMMED YOUSUF BETAGERI, AGE: 43 YEARS, OCC: BUSINESS, R/O: HOUSE NO.1, GROUND FLOOR, ANMOL COMFORTS, PADMARAJ NAGAR, HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD, PIN-580030.

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…PETITIONER

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(BY SRI. SADIK KANVI, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, BY GOKUL ROAD PS TQ: HUBBALLI, DIST: DHARWAD, R/BY THE SPP, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011.

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BHARATHI H M

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Location: HIGH COURT OF KARNATAKA

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YOUNUS S/O. GAFFARSAB CHEDDI, AGE: 40 YEARS, OCC: GOUNDI WORK, R/O: NEHARU NAGAR, KUNDGOL, TQ: KUNDGOL, DIST. DHARWAD, PIN - 581113.

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...RESPONDENTS

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(BY SRI. JAIRAM SIDDI, HCGP FOR R1; R2-SERVED)

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THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO QUASH THE IMPUGNED COMPLAINT, FIR REGISTERED IN GOKUL ROAD PS CRIME NO.173/2022 AND CHARGE SHEET SUBMITTED AND ALL CONSEQUENTIAL PROCEEDINGS INITIATED AGAINST THE PETITIONER PENDING ON THE FILE OF THE JMFC-III COURT HUBBAALI IN CC NO.1065/2023 FOR THE OFFENCES P/U/SEC. 304(A) R/W 34 OF IPC, 1860.

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NC: 2024:KHC-D:12587 CRL.P No. 103591 of 2023

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

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CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed by accused No.1 praying to

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quash the complaint, FIR registered in Gokul road Police station Crime No.173/2022 and chargesheet and consequential proceedings in C.C.No.1065/2023 pending on the file of JMFC-III Court, Hubballi registered for the offences punishable under Section 304(A) r/w 34 of IPC.

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Respondent No.2 has filed a complaint and the same came to be registered in Crime No.173/2022 of Gokul road, P.S. for offence under Section 304(A) of IPC, showing this petitioner as accused No.1 and one Asad Madani as accused No.2.

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It is alleged in the complaint that in on going construction of house of the petitioner, the electric accident has taken place in which the labour working in the construction has died due to electric shock. The police after investigation, filed a chargesheet against the

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3 - NC: 2024:KHC-D:12587 CRL.P No. 103591 of 2023

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petitioner and another for offence under Section 304(A) r/w Section 34 of IPC. Based on the chargesheet, a case came to be registered against the petitioner and another in C.C No.1065/2023 pending on the file of JMFC-III Court, Hubballi. The proceedings of the said criminal case are sought to be quashed in this petition.

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The learned counsel for petitioner would contend that the petitioner is not the owner and one Sana W/o Sameer Ahmad Betageri is the owner as per the Property Tax Register collected by the investigating officer which is produced along with the chargesheet. He submits that the said Sana is wife of the petitioner who may be responsible for the accident and not the petitioner. The petitioner has been arraigned as accused stating that he is the owner of the property and making construction over it. With this, he prayed to allow the petition.

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Per contra, learned High Court Government

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Pleader would contend that the petitioner being husband of the said Sana is constructing the house in the property

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4 - NC: 2024:KHC-D:12587 CRL.P No. 103591 of 2023

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of his wife and therefore, considering the said aspect, the I.O has filed chargesheet against the petitioner. With this, he prayed to dismiss the petition.

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Having heard learned counsel, the Court has perused the records along with the chargesheet, Property Tax Register of property bearing site No.104B situated in ward No.38 has been produced which indicate that one Sana W/o Sameer Ahmad Betageri is owner of said property. The said Sana is wife of the petitioner. The petitioner has been arraigned as accused on the ground that he was constructing the building in which electric accident has taken place. The petitioner was not present on the spot at the time of the incident. The petitioner as

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per property records is not the owner of the property in which construction was going on. The I.O ought to have arraigned the said Sana W/o Sameer Ahmad Betageri the owner of the property as accused instead of the petitioner.

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In view of the above, the proceeding against

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the petitioner is abuse of process of law.

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5 - NC: 2024:KHC-D:12587 CRL.P No. 103591 of 2023

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In view of the same, the following:

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ORDER

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i. The petition is allowed.

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ii. The proceedings against the petitioner in C.C.No.1065/2023 pending on the file of JMFC-III Court, Hubballi are quashed.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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RKM CT:ANB List No.: 1 Sl No.: 49

Sameer S/O. Mohammed Yousuf Betageri v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sameer S/O. Mohammed Yousuf Betageri v. the State of Karnataka

Case brief

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