Petitioner sought quashing of criminal proceedings under S.482 Cr.P.C. citing witness hostility and hardship. Court dismissed petition noting magistrate lacked jurisdiction to try case, rendering prior evidence void.
Petition dismissed; liberty to file discharge application under Section 227 Cr.P.C. before the Sessions Judge.
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:45931 CRL.P No. 6291 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 6291 OF 2024
BETWEEN:
JAGADISH C.V S/O VENKATESH N AGED ABOUT 29 YEARS PRESENT R/AT NO.18 CHENNEGOWDANA DODDI VILLAGE BIDADI HOBLI SHANUMANGALA POST RAMANAGARA DISTRICT - 562 109.
…PETITIONER
(BY SRI NAGENDRA B, ADV.)
AND:
Digitally signed by NANDINI MS Location: High Court of Karnataka
…RESPONDENTS
(BY SRI M.R. PATIL., HCGP)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN S.C.NO.594/2024 (CR.NO.316/2016) OF KUMARASWAMY LAYOUT POLICE, ON THE FILE OF LV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-56) AT BENGALURU FOR THE OFFENCE P/U/S 143, 144, 341, 307, 427, 332, 353, 435 R/W 149 OF IPC, SEC. 3 OF PREVENTION OF DAMAGE TO THE PUBLIC PROPERTY ACT AND SEC. 2(B) AND 2(A) OF KARNATAKA
NC: 2024:KHC:45931 CRL.P No. 6291 of 2024
PREVENTION OF DESTRUCTION AND LOSS OF PROPERTY ACT AGAINST THE PRESENT PETITIONER/ACCUSED NO.4.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Kumaraswamy Layout Police Station, Bengaluru, for the offences punishable under Sections 143, 332, 149 and 435 of IPC and Section 3 of the Prevention of Damage to Public
NC: 2024:KHC:45931 CRL.P No. 6291 of 2024
Property Act, 1984, against unknown persons and after completion of investigation, charge sheet was filed as against 11 persons for the aforesaid offences. It appears that though the charge sheeted offences were exclusively triable by the Court of Sessions Judge, the learned Magistrate had taken cognizance of the charge sheeted offences and after framing charges, had recorded the evidence of the prosecution witnesses. When the matter was at the stage of passing the judgment, learned Magistrate having realized that he had no jurisdiction to try the case, had committed the case to Court of jurisdictional Sessions Judge and the case is now pending before the Court of LV Addl. City Civil and Sessions Judge, Bengaluru, in SC No.594/2024. Being aggrieved by the same, petitioner is before this Court.
NC: 2024:KHC:45931 CRL.P No. 6291 of 2024
accused persons in the charge sheet. Accordingly, he prays to allow the petition.
evidence of charge sheet witnesses. It is only at the later stage when he came to know that he had no jurisdiction to try the
case, he had committed the case to the Court of jurisdictional Sessions Judge and the case is now pending before the jurisdictional Sessions Judge in SC No.594/2024. The learned Sessions Judge has now issued summons to all the accused persons. At this stage, the petitioner is before this Court.
NC: 2024:KHC:45931 CRL.P No. 6291 of 2024
jurisdictional Sessions Court under Section 227 of Cr.P.C. seeking his discharge.
this petition.
Sd/(S VISHWAJITH SHETTY) JUDGE
DN
3 issues framed by the court
Whether proceedings under S.482 Cr.P.C. can be entertained where the trial court lacked jurisdiction
Whether hostile testimony recorded by a magistrate without jurisdiction vitals the proceedings sufficiently to quash
Wheather petitioner is entitled to discharge application before sessions court instead
1 provisions across 1 enactments
JAGADISH C.V
STATE OF KARNATAKA
S VISHWAJITH SHETTY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
