Allowed

T B Jayachandra v. State of Karnataka

Karnataka HC5 Jul 2024CRL.P/6124/2024

Case brief

AI extract

What is this about?

A single judge of the Karnataka High Court quashed criminal proceedings against three petitioners (former elected representatives) under Sections 188 IPC and 31/103 Karnataka Police Act, relying on a coordinate bench decision and the principle of treating like cases alike.

What did the court decide?

Proceedings in C.C.No.25317/2022 set at naught against Petitioners under Sections 188 IPC and 31/103 Karnataka Police Act. Papers to be remitted by Police within 3 weeks.

T B Jayachandra Vs State of Karnataka — Quashing and FIR | Karnataka HC (2024)

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NC: 2024:KHC:25547 CRL.P No. 6124 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF JULY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE KRISHNA S DIXIT

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CRIMINAL PETITION NO. 6124 OF 2024 (482)

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BETWEEN:

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T B JAYACHANDRA, S/O LATE BORAIAH, AGE ABOUT 74 YEARS, MEMBER OF LEGISLATIVE ASSEMBLY (MLA) SIRA ASSEMBLY CONSTITUENCY. PRESENTLY R/AT KARNATAKA PRADESH CONGRESS COMMITTEE, QUEENS ROAD, BANGALORE - 560 001.

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Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA

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VEERAPPA MOILY, S/O THAMMAYYA MOILY, AGED ABOUT 84 YEARS, FORMER CHIEF MINISTER, KARNATAKA FORMER MEMBER OF PARLIAMENT (EX-MP), CHIKKBALLAPUR PARLIAMENT CONSTITUENCY PRESENTLY R/AT KARNATAKA PRADESH CONGRESS COMMITTEE QUEENS ROAD, BANGALORE – 560 001.

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M NARAYANASWAMY, S/O B MUNISWAMAPPA, AGED ABOUT 62 YEARS, FORMER MEMBER OF LEGISLATIVE COUNCIL (EX-MLC) R/AT KARNATAKA PRADESH CONGRESS COMMITTEE QUEENS ROAD, BANGALORE – 560 001.

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…PETITIONERS

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(BY SRI. SURYA MUKUNDARAJ L.,ADVOCATE)

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2 - NC: 2024:KHC:25547 CRL.P No. 6124 of 2024

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AND:

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STATE OF KARNATAKA, THROUGH SHIVAJINAGAR POLICE STATION, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001.

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…RESPONDENT

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(BY SRI.B N JAGADEESH.,ADDL. SPP)

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THIS CRL.P FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS AS AGAINST THE PETITIONERS IN C.C.NO.25317/2022 INITIATED BY THE 1^ST RESPONDENT SHIVAJINAGAR POLICE STATION, BENGALURU PENDING BEFORE THE XLII ADDL.C.M.M. COURT (SPECIAL COURT FOR TRIAL OF CASES AGAINST SITTING AS WELL AS FORMER MPs/MLAs TRIABLE BY MAGISTRATE IN THE STATE OF KARNATAKA) BENGALURU FOR THE OFFENCE P/U/S 31 R/W 103 OF KARNATAKA POLICE ACT AND SEC. 188 OF IPC.

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

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ORDER

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The subject matter of this Petition is substantially

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similar to the one in Crl.P.No.3431/2023 between D.K.SHIVAKUMAR vs. STATE OF KARNATAKA , disposed off on 14.07.2023 by a Coordinate Bench of this Court granting relief to the litigant of similar circumstances. This assertion of counsel for the Petitioners is not much

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3 - NC: 2024:KHC:25547 CRL.P No. 6124 of 2024

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disputed by the learned Addl. SPP appearing for the State.

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The operative portion of the said Judgement reads as under:

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“9. In the light of the aforesaid judgments and the order taking cognizance as quoted hereinabove, permitting further proceedings would become an abuse of the process of law, albeit, prima facie.

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10.Therefore, for the aforesaid reasons, the petition is allowed. The proceedings in C.C.No.25317/2022 pending on the file of 42^nd ACMM, Bengaluru for the offences punishable under Section 188 of IPC and Section 31 r/w Section 103 of the Karnataka Police Act sands quashed qua the petitioner.”

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A Division Bench of this Court in W.A.Nos. 932-

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933/1974 between A.V.VINODA & ANOTHER Vs. STATE OF KARNATAKA BY ITS COMMISSIONER & SECRETARY disposed of on 11.12.1974, has held that the Court should

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treat the like-cases alike and if relief is granted to a litigant it has to be extended to a similarly circumstanced litigant as well, there being no derogatory circumstances.

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NC: 2024:KHC:25547 CRL.P No. 6124 of 2024

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In view of the above, this Petition is allowed; the proceedings in C.C.No.25317/2022 pending on the file of 42^nd ACMM, Bengaluru, are set at naught as against the Petitioners.

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The jurisdictional Police shall remit the papers under Section 195(2) of the Code of Criminal Procedure, 1973 to the jurisdictional Magistrate within three weeks and report compliance to the Registrar General of this Court failing which, stringent action may be taken against the said police.

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All pending applications pale into insignificance.

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Sd/JUDGE

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Bsv

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List No.: 2 Sl No.: 1

T B Jayachandra v. State of Karnataka

Case brief

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T B Jayachandra v. State of Karnataka

Case brief

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