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Sri T.R. Subbaraju @ Subbanna v. State of Karnataka

Karnataka HC26 Sept 2024CRL.P/3628/2024

Case brief

AI extract

What is this about?

This bench disposed of a criminal petition seeking quashing of FIR and proceedings based on a prior coordination bench judgment which held that proceedings violated procedural mandates under the Essential Commodities Act and CrPC regarding election offences.

What did the court decide?

Proceedings in C.C. No.30791/2021 and Crime No.222/2018 quashed so far as the petitioner is concerned.

Sri T.R. Subbaraju @ Subbanna Vs State of Karnataka — Election Law | Karnataka HC (2024)

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NC: 2024:KHC:40376 CRL.P No. 3628 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA

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CRIMINAL PETITION NO. 3628 OF 2024

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BETWEEN:

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SRI. T.R. SUBBARAJU @ SUBBANNA, S/O T.S. RAMAMURTHY SHETTY, AGED ABOUT 60 YEARS, R/AT NO. 15, 5TH CROSS, GANESHA BLOCK, MAHALAKSHMI LAYOUT, BANGALORE - 560 086.

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…PETITIONER

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(BY SRI. BHARGAV G, ADVOCATE)

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AND:

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STATE OF KARNATAKA THROUGH KAMAKSHIPALYA POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001.

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Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA

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SRI. TEJU V.S, S/O SATHYANARAYANA, AGED ABOUT 36 YEARS, EXECUTIVE ENGINEER ADTP, RAJARAJESHWARI NAGAR, BENGALURU - 560 098.

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…RESPONDENTS

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(BY SRI. THEJESH P, HCGP FOR R1; SRI. K.B. MONESH, ADVOCATE FOR R2)

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THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH/SET ASIDE THE FIR VIDE CRIME NO.222/2018 REGISTERED AGAINST THE PETITIONER BY THE RESPONDENT NO.1 AND TAKING COGNIZANCE BY ORDER DATED 18.12.2018 BY VtH ACMM, BENGALURU IN C.C.NO.33672/2018 FOR THE

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2 - NC: 2024:KHC:40376 CRL.P No. 3628 of 2024

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OFFENCE P/US/ 171-A, 188 R/W SEC.34 OF IPC AND SEC.123(1)(A) OF REPRESENTATIVE OF PEOPLES ACT (HEREIN AFTER FOR THE SAKE OF BREVITY, REFERRING AS R.P ACT), SEC.3, 7 OF ESSENTIAL COMMODITIES ACT (HEREIN AFTER FOR THE SAKE OF BREVITY REFERRING AS E.C. ACT) THEN TRANSFERRED TO SPECIAL COURT FOR CRIMINAL CASES RELATED TO ELECTED MPs AND MLAs VIDE SPL.C.C.NO.207/2021 AND THEREAFTER TRANSFER OF THE SAME AND NOW PENDING ON THE FILE OF THE 42nd ACMM BENGALURU VIDE C.C.NO.30791/2021.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA

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ORAL ORDER

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Heard the learned counsel Sri. Bhargav G., appearing for the petitioner, Sri. Thejesh P., the learned HCGP appearing for respondent No.1 and Sri. K.B. Monesh, learned counsel appearing for respondent No.2.

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The petitioner is before this Court, seeking for the following prayer:

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"i) Quash / Set aside the entire proceedings against the Petitioner in C.C.No.30791/2021 pending on the file of the 42^nd Addl. Chief Metropolitan Magistrate Bengaluru registered for the offences Punishable U/s 171(E) & 188 R/w Sec 34 of Indian Penal Code, 1860 and Sec 123 (1) (A) of Representation of Peoples Act, 1951, U/S 3&7 of Essential Commodities Ac, 1955 So far as the Petitioner concern in the interest of justice.

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3 - NC: 2024:KHC:40376 CRL.P No. 3628 of 2024

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ii) Pass such other order/s which are deemed to be fit in the nature and circumstance of the case, in the interest of justice."

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Learned counsel appearing for the petitioner would submit that the issue in the lis stands covered by the judgment rendered by the Co-ordinate Bench of this Court in Crl.P.No.5912/2023 disposed on 02.02.2024, wherein it has held as follows:

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“This Petition seeks quashment of FIR in Crime No.222/2018 of Kamakshipalya Police Station, Bengaluru. The FIR alleges offences punishable u/Ss 3 & 7 of the Essential Commodities Act, 1955, Section 123(A) of the Representation of People Act, 1951 and Sections 188 & 171E of the IPC, 1860.

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2. learned Sr. Advocate appearing for the Petitioner argues that no search & investigation can be undertaken by the Police for the offences punishable u/Ss 3 & 7 of the EC Act, in the absence of a complaint filed by the competent authority as provided under Paragraph No.16 of Karnataka Essential Commodities Public Distribution System (Control) Order; in respect of electoral offences punishable u/Ss 171E & 188 of IPC, unless the bar enacted in Section 195 of Cr.P.C. 1973 is jumped, the Police have no role; lastly, the allegations as to the violation of Section 123A of 1951 Act is concerned, they are ridiculous since no offence is enacted there. Learned Addl. SPP appearing for the Respondents opposed the Petition making submission in justification of the impugned proceedings.

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3. Having heard the learned counsel for the parties and having perused the Petition papers, this Court is broadly in agreement with the submissions made on behalf of the Petitioner. Firstly, the complaint in respect of EC Act is not lodged by the competent authority. Learned counsel is right in saying that even for undertaking search

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NC: 2024:KHC:40376 CRL.P No. 3628 of 2024

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& seizure, the sanction of the authority is a must. This apart, Section 11 bars taking of cognizance of any offence punishable under the provisions of the Act except on a report of the particular public servant.

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4. Learned Sr. Counsel appearing for the Petitioner is also right in contending that no prosecution lies for the electoral offences punishable u/Ss 171E & 188 of IPC of IPC unless the requirement of Section 195 of Cr.P.C. is satisfied. It is notable that Section 171E prescribes a punishment of one year imprisonment, or with fine or with both. Similarly, Section 188 prescribes a punishment of one month imprisonment or Rs.2,000/- as fine, or both. Thus, they are non-cognizable offences. Therefore, the Trial Court could not have taken cognizance of the said offences except on the complaint in writing of the public servant concerned. The Chargesheet filed by the Police after investigation in its present form & substance cannot be construed as the “complaint in writing of the public servant”.

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In the above circumstances, this Petition succeeds; the proceedings in C C No.30791/2021 pending on the file of learned Vth ACMM, Bengaluru and registration of Crime No. 222/2018 of Kamakshipalya Police Station, Bengaluru, are hereby quashed, so far as the Petitioner is concerned."

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In the light of the issue standing covered by judgment rendered by the Co-ordinate Bench of this Court supra , the petition stands disposed on the same terms.

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Sd/(M.NAGAPRASANNA) JUDGE

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SJK List No.: 1 Sl No.: 46 CT: BHK

Sri T.R. Subbaraju @ Subbanna v. State of Karnataka

Case brief

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Sri T.R. Subbaraju @ Subbanna v. State of Karnataka

Case brief

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