Dismissed

Sri Suryanarayana Singh v. State of Karnataka by

Karnataka HC19 Apr 2024CRL.P/3196/2024

Case brief

AI extract

What is this about?

The High Court of Karnataka, relying on the principle that alibi is a defence to be proved during trial and not a ground for quashing proceedings even where charges arise from civil disputes, dismissed a petition under Section 482 Cr.PC seeking to quash criminal trial.

What did the court decide?

Prayer to quash proceedings in C.C.No.2541/2023 on ground of abuse of process and alibi was rejected.

Sri Suryanarayana Singh Vs State of Karnataka by — Criminal Trial and Appeal | Karnataka HC (2024)

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1 - NC: 2024:KHC:16359 CRL.P No. 3196 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 19^TH DAY OF APRIL, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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CRIMINAL PETITION NO. 3196 OF 2024

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BETWEEN:

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SRI SURYANARAYANA SINGH S/O BHAVANI SINGH AGED ABOUT 52 YEARS RESIDING AT NO.65 THATNAHALLI VILLAGE BNAGARPET TALUK KGF PIN - 563 114.

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SRI ANITHA BAI W/O SOORINARAYANA SINGH B AGED ABOUT 42 YEARS THATNAHALLI VILLAGE BANGARPET TALUK KGF PIN - 563 114.

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Digitally signed by PAVITHRA N Location: High Court of Karnataka

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SRI ESHWAR SINGH S/O NARAYANAN SINGH AGED ABOUT 53 YEARS RESIDING AT NO.12 1ST CROSS, 1ST MAIN CHAMUNDESHWARI LAYOUT, BANGALORE NORTH BENGALURU CITY KARNATAKA - 570 010.

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SRI RAJU BAI ALIAS RAJESHWARIBAI W/O ESHWAR SINGH AGED ABOUT 47 YEARS RESIDING AT NO.12, 1ST CROSS 1ST MAIN, CHAMUNDESHWARI LAYOUT, BANGALORE NORTH BENGALURU CITY PIN - 570 010.

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SRI DEVENDRA SINGH

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NC: 2024:KHC:16359 CRL.P No. 3196 of 2024

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S/O NARAYAN SINGH AGED ABOUT 50 YEARS RESIDING AT THATNAHALLI VILLAGE, BANGARPET TALUK KGF PIN - 563 114.

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SRI RAMABAI S/O DEVENDRA SINGH AGED ABOUT 40 YEARS RESIDING AT THATNAHALLI VILLAGE, BANGARPET TALUK KGF PIN - 563 114.

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SRI YASHWANTH SINGH S/O SURI NARAYAN SINGH AGED ABOUT 23 YEARS RESIDING AT THATNAHALLI VILLAGE, BANGARPET TALUK KGF PIN - 563 114.

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SRI VARUN SINGH S/O SURI NARAYAN SINGH AGED ABOUT 22 YEARS RESIDING AT THATNAHALLI VILLAGE, BANGARPET TALUK KGF PIN - 563 114.

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SRI MANJUNATH SINGH S/O BHAVANI SINGH AGED ABOUT 49 YEARS RESIDING AT NO.495/12 PALALAMMA LAYOUT NEAR ASHWATHREDDY FARM HOUSE, KADUGODI BANGALORE CITY - 560 105.

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SRI SHANKAR SINGH S/O BHAVANI SINGH AGED ABOUT 49 YEARS RESIDING AT NO.34 17TH CROSS, BK NAGARA BANGALORE - 560 079.

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SRI RATHNA BAI D/O LATE HANUMAN SINGH AGED ABOUT 64 YEARS

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3 - NC: 2024:KHC:16359 CRL.P No. 3196 of 2024

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RESIDING AT SADARAMANGALA KADUGODI D PLANTATION BENGALURU CITY - 560 067.

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SRI KRISHNA SINGH L S/O LAKSHMAN SINGH AGED ABOUT 50 YEARS RESIDING AT THATNAHALLI VILLAGE, BANGARPET TALUK KGF PIN - 563 114.

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SRI NAGENDRA SINGH L S/O LAKSHMAN SINGH AGED ABOUT 37 YEARS RESIDING AT THATNAHALLI VILLAGE, BANGARPET TALUK KGF PIN - 563 114.

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SRI SAVITHRI BAI V AGED ABOUT 45 YEAR S W/O CHANDRA SINGH RESIDING AT NO.503 SIRI MADAVI ENCLAVE 4TH B MAIN BEHIND SAI PETROL BUNK KALYANIGNAGAR BENGALURU DISTRICT - 560 043.

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SRI NIRMALA BAI ALIAS NIRMALA SINGH W/O DEVENDRA SINGH AGED ABOUT 52 YEARS RESIDING AT CHOWDESHWARI NILAYA 1ST MAIN, GULPET KOLAR K G F PIN - 563 114.

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…PETITIONERS

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(BY SRI KALEEM SABIR, ADV.)

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AND:

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STATE OF KARNATAKA BY BANGARPET POLICE KGG - 563 114 (REPRESENTED BY STATE PUBLIC PROSECUTORP, PIN - 560 001) HIGH COURT OF KARNATAKA.

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NC: 2024:KHC:16359 CRL.P No. 3196 of 2024

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SRI B. ESHWAR SINGH S/O M BALAJI SINGH AGED ABOUT 46 YEARS RESIDING AT NO.406 6TH CROSS, THRIVENI ROAD KN EXTENSION YESHWANTHPURA BANGALORE - 560 097.

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…RESPONDENTS

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(BY SMT. K.P. YASHODHA, HCGP FOR R-1)

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THIS CRL.P FILED U/S 482 CR.PC PRAYING TO QUASH THE PROCEEDINGS INITIATED AGAINST HER IN C.C.NO.2541/2023 ON THE FILE OF THE HONBLE PRL.CIVIL JUDGE AND J.M.F.C BANGARPET KOLAR DISTRICT K.G.F WHICH IS ARISING OUT OF CR.NO.190/2022 OF BANGAPERT P.S. BENGALURU CITY REGISTERED FOR THE OFFENCE P/U/S 143,147,427,323,504,506,447 R/W 149 OF IPC AS AN ABUSE OF PROCESS OF LAW.

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

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ORDER

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Accused Nos.1 to 15 are before this Court under

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Section 482 of Cr.P.C, with a prayer to quash the entire proceedings in C.C.No.2541/2023 pending before the Court of Principal Civil Judge & JMFC, Bangarpet arising out of Crime No.190/2022 registered by Bangarpet police station, KGF for the offence punishable under Sections 143, 147, 427, 323 504, 506 & 447 R/w 149 of IPC.

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NC: 2024:KHC:16359 CRL.P No. 3196 of 2024

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Heard the learned counsel for the petitioners and learned HCGP for respondent No.1.

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Learner counsel for the petitioners having reiterated the grounds urged in the petition submits that, criminal proceedings initiated against the petitioners is clear case of abuse of process of law. A false complaint has been filed making omnibus allegations against the petitioners. Some of the petitioners were not all present at the spot of the incident. He has placed reliance on certain documents and its pleads alibi. He submits that in view of documents at Annexures D to H, it is very clear that accused Nos.3, 7, 8, 9 and 14 were not present in the spot. He submits that accused No.15 is a aged lady and she is suffering from age old ailments.

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Per contra learned HCGP opposed the petition.

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She submits that on the ground of alibi the proceedings cannot be quashed. Investigation is complete and charge sheet has been filed against all accused for the aforesaid offences. Accordingly, she prays to dismiss the petition.

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NC: 2024:KHC:16359 CRL.P No. 3196 of 2024

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FIR in Crime No.190/2022 was registered by Bangarpet Police Station, KGF against the petitioners for

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the aforesaid offences on the basis of first information received from B Eshwar Singh on 18.07.2022. It is alleged that on 17.07.2022, accused persons named in the FIR had trespassed into the property of the first informant in respect of which there was a civil dispute and had damaged the property. When the first informant questioned the same, the accused persons abused and assaulted him and also threatened him with dire consequences to his life. It is in this background, he had approached the police. After the investigation, the police have filed charge sheet as against the accused persons for the alleged offences. CWs.2, 3 and 4 are witnesses to the incident in question. The plea of alibi cannot be a ground to quash the proceedings and same can only be a defence which is required to be proved by the accused during the course of trial. Therefore, the prayer made by the petitioners cannot be granted. Under the circumstances, I

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NC: 2024:KHC:16359 CRL.P No. 3196 of 2024

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am of the opinion that the petition is liable to be

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dismissed .

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SD/JUDGE

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NMS

Sri Suryanarayana Singh v. State of Karnataka by

Case brief

What is this about?

What did the court decide?

Sri Suryanarayana Singh v. State of Karnataka by

Case brief

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What did the court decide?

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