The High Court of Karnataka allowed the criminal petition under Section 482 Cr.P.C. quashing proceedings in C.C.No.1255/2023 and directing the police to transmit case papers to the Magistrate under Section 195(2) Cr.P.C.
Petition allowed, impugned proceedings quashed; police directed to transmit case papers to Magistrate under Section 195(2) Cr.P.C.
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NC: 2024:KHC:6638 CRL.P No. 1319 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. 1319 OF 2024
BETWEEN:
SRI. MASALA JAYARAM S/O. SIGEHALLIGOWDA, 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:
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.P.C PRAYING TO QUASH THE CHARGE SHEET IN C.C.NO.1255/2023 ANNEXURE-C) FOR THE OFFENCE P/U/S 171(H) OF IPC PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND J.M.F.C., 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:6638 CRL.P No. 1319 of 2024
In view of the above, Petition is allowed; the impugned proceedings in C.C.No.1255/2023 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.: 3
1 issue framed by the court
Whether the criminal proceedings in C.C.No.1255/2023 should be quashed and the police directed to transmit case papers to the jurisdictional Magistrate under Section 195(2) Cr.P.C.
Colour shows how this judgement treated each authority
VIJESH PILLAI vs. STATE OF KARNATAKAReferred¶21
VIJESH PILLAI vs. STATE OF KARNATAKA, 2023 SCC OnLine KAR 32 · Who else cites this
A.V.VINODA & ANOTHER Vs. STATE OF KARNATAKARelied on¶23
W.A.Nos.932-933/1974 between A.V.VINODA & ANOTHER Vs. STATE OF KARNATAKA BY ITS COMMISSIONER & SECRETARY disposed off on 11.12.1974
2 provisions across 1 enactments
SRI. MASALA JAYARAM
STATE OF KARNATAKA
SRI. CHANDRANAYAKA
KRISHNA S DIXIT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
