Allowed

Sri Yathindra Siddaramaiah v. State of Karnataka

Karnataka HC26 Jul 2024CRL.P/7135/2024

Case brief

AI extract

What is this about?

Petition under Section 482 CrPC sought quashing of criminal proceedings for alleged offences including violations of the Karnataka Epidemic Diseases Act during COVID-19. Relying on parity with a coordinate-bench order in an identical matter, the Court allowed the petition and quashed the entire proceedings.

What did the court decide?

Proceedings in C.C.No.145/2022 pending before Addl. Civil Judge & JMFC, Kanakapura, arising out of Crime No.1/2022 of Sathanoor Police Station quashed.

Sri Yathindra Siddaramaiah Vs State of Karnataka — Quashing and FIR | Karnataka HC (2024)

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1 - NC: 2024:KHC:29512 CRL.P No. 7135 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 26^TH DAY OF JULY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE KRISHNA S DIXIT CRIMINAL PETITION NO. 7135 OF 2024 (482)

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BETWEEN:

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SRI. YATHINDRA SIDDARAMAIAH S/O SIDDARAMAIAH AGED ABOUT 43 YEARS R/AT NO.206, PRASIDDHA 16^TH CROSS, MC LAYOUT VIJAYNAGAR BENGALURU 560 040. PRESENT: SIDDARAMAIAHANAHUNDI VILLAGE MYSURU, C/O SECRETARY OF KPCC OFFICE CONGRESS BHAVAN, NO. MYSORE DISTRICT 570 010. (M.L.C)

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…PETITIONER

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(BY SRI. ABHISHEK KUMAR, ADVOCATE)

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AND:

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

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STATE OF KARNATAKA STATE BY SATHANOOR POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU 560 001.

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SRI. VISHWANATH S/O LATE NOT KNOWN TAHASHILDAR AGED ABOUT 38 YEARS OFFICE AT: TALUK OFFICE KANAKAPURA TOWN, RAMANAGARA KARNATAKA 562 117.

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…RESPONDENTS

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(BY SRI.B.N.JAGADEESH, ADDL. SPP FOR R1 AND R2)

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2 - NC: 2024:KHC:29512 CRL.P No. 7135 of 2024

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THIS CRL.P IS FILED U/S 482 CR.PC PRAYS THAT THIS HON’BLE COURT BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.145/2022 ARISING OUT OF CRIME NO.01/2022 U/S 141, 143, 290, 336 AND 149 OF IPC AND 5(3A) OF THE KARNATAKA EPIDEMIC DISEASES ACT, 2020, PENDING OF THE FILE OF I ADDL. CIVIL JUDGE (JR.DN.) AND JMFC, KANAKAPURA, RAMANAGARA DISTRICT.

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

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CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT

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ORAL ORDER

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Learned counsel for the Petitioner submits and the learned Addl. SPP does not dispute that the subject matter of this Petition is substantially similar to the one in W.P.No.3349/2023 between SRI.D.K.SHIVAKUMAR vs. STATE OF KARNATAKA & ANOTHER, disposed off by a Coordinate Bench of this Court vide order dated 16.06.2023, a copy whereof avails at Annexure-E. Learned counsel for the Petitioner submits that the relief granted to the litigant in the coordinate Petition needs to be extended to his client as well on the principle of parity. There is force in this submission.

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3 - NC: 2024:KHC:29512 CRL.P No. 7135 of 2024

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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 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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In view of the above, this Petition is allowed; the proceedings in Crl. Case No.145/2022 pending on the file of learned Addl. Civil judge & JMFC at Kanakapura Taluk, Ramanagara District, arising out of Crime No.1/2022 of Sathanoor Police Station stand quashed.

Ordered accordingly.

Sd/JUDGE

BSV

List No.: 1 Sl No.: 3

Sri Yathindra Siddaramaiah v. State of Karnataka

Case brief

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Sri Yathindra Siddaramaiah v. State of Karnataka

Case brief

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