Petition to quash charge sheet under Section 171(H) IPC in C.C.No.1256/2023. Relying on a similar quashing decision and the like-treatment norm, the court allowed the petition and quashed proceedings.
Proceedings in C.C.No.1256/2023 quashed; police directed to transmit papers to jurisdictional Magistrate under Section 195(2) CrPC forthwith.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:6637 CRL.P No. 1265 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT CRIMINAL PETITION NO. 1265 OF 2024
BETWEEN:
SRI. MASALA JAYARAM, S/O. LATE PATEL SHIGEHALLIGOWDA, AGED ABOUT 55 YEARS, R/AT ANKALAKOPPA VILLAGE, C.S. PURA HOBLI, GUBBI TALUK, TUMKUR DISTRICT - 572 213.
…PETITIONER
(BY SRI. SURESH ISHWARAPPA MUGALAKKI, ADVOCATE)
AND:
BY TURUVEKERE POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AMBEDKAR VEEDHI, BANGALORE - 560 001.
Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI. B.N.JAGADEESH, ADDITIONAL SPP FOR R1)
THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO QUASH THE CHARGE SHEET IN C.C.NO.1256/2023 (ANNEXURE-C) FOR THE OFFENCE P/U/S 171(H) OF IPC PENDING ON THE FILE OF THE HON'BLE SENIOR CIVIL JUDGE AND J.M.F.C COURT AT TURUVEKERE
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the Petitioner submits that the subject matter of this Petition is substantially similar to the one in VIJESH PILLAI vs. STATE OF KARNATAKA, 2023
SCC OnLine KAR 32 , whereby similar proceedings impugned therein have been quashed. Learned Addl. SPP submits that there is statutory requirement for the Police to transmit the papers to the Jurisdictional Magistrate for processing the same in accordance with law. There is force in this submission, as well.
933/1974 between A.V.VINODA & ANOTHER Vs. STATE OF KARNATAKA BY ITS COMMISSIONER & SECRETARY disposed off on 11.12.1974, has held that like cases should be treated alike and if relief is granted to a litigant, same relief cannot be denied to the other similarly circumstanced litigants, subject to all just exceptions. There are no factors that militate against this general norm of adjudication.
NC: 2024:KHC:6637 CRL.P No. 1265 of 2024
In view of the above, Petition is allowed; the impugned proceedings in C.C.No.1256/2023 having been quashed, the Police is directed to transmit case papers forthwith, to the jurisdictional Magistrate to process the same under Section 195(2) of the Code of Criminal Procedure, 1973, forthwith.
The police shall file the proof of such transmission of papers with the Registrar General of this Court within four weeks, failing which, personal presence may be ordered for taking punitive action.
In view of disposal of the main matter, I.A.No.1/2024
for stay does not survive for consideration.
Sd/JUDGE
SMJ
List No.: 1 Sl No.: 2
1 issue framed by the court
Whether the charge sheet in C.C.No.1256/2023 for offence under Section 171(H) IPC should be quashed as proceedings similar to those quashed in a prior case.
Colour shows how this judgement treated each authority
Vijesh Pillai vs. State of KarnatakaFollowed¶1
2023 SCC OnLine KAR 32 · Who else cites this
A.V.Vinoda & Another Vs. State of Karnataka by its Commissioner & SecretaryApplied¶2
W.A.Nos.932-933/1974
3 provisions across 2 enactments
Sri. Masala Jayaram
State of Karnataka, by Turuvekere Police
Sri. S.V. Vasudevamurthy
Krishna S Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
