Allowed

Dr Vijay Kumar B J v. State of Karnataka

Karnataka HC9 Feb 2024CRL.P/881/2024

Case brief

AI extract

What is this about?

Criminal petition filed to quash proceedings against petitioners involving offences under IPC Sections 143, 147, 353, and 149. Court quashed proceedings and directed police to transmit papers to magistrate if grounds exist.

What did the court decide?

Impugned proceedings C.C.No.41/2023 quashed so far as petitioners are concerned. Police directed to transmit papers to magistrate with proof within four weeks.

Dr Vijay Kumar B J Vs State of Karnataka — Quashing and FIR | Karnataka HC (2024)

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1 - NC: 2024:KHC:5517 CRL.P No. 881 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 9^TH DAY OF FEBRUARY, 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. 881 OF 2024

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BETWEEN:

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DR. VIJAY KUMAR B J, S/O JAVAREGOWDA, AGED ABOUT 45 YEARS, OCC: DIST. CONGRESS PRESIDENT, MYSURU, R/AT NO. 36, 14^TH MAIN, OPPOSITE KUVEMPU SCHOOL, SARASWATHIPURAM, MYSORE, KARNATAKA - 570 009. (AS PER AADHAR CARD)

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Digitally signed by CHETAN B C Location: HIGH COURT OF KARNATAKA

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ANIL KUMAR C, S/O S. CHIKKAMADU, AGED ABOUT 34 YEARS, OCC: SITTING MLA-HD KOTE, NO. 5938, 2^ND CROSS, VIJAYANAGAR 2^ND STAGE, MYSORE, KARNATAKA - 570 017. (AS PER AADHAR CARD)

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(BY SMT. KEERTHANA NAGARAJ, ADVOCATE)

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…PETITIONERS

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AND:

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STATE OF KARNATAKA, BY THE POLICE OF BILIKERE PS, HUNSUR - 571 103, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AMBEDKAR VEEDHI, BENGALURU - 560 001.

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NC: 2024:KHC:5517 CRL.P No. 881 of 2024

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SRI. JAYAPRAKASH DB, S/O NOT KNOWN, AGED ABOUT 38 YEARS, OCC: POLICE OFFICER, AT: BILIKERE PS, HUNSUR TQ, MYSURU DIST - 571 103.

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…RESPONDENTS

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(BY SRI. B.N. JAGADEESH, ADDL. S.P.P FOR R1)

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THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.41/2023 (OLD C.C.NO.3441/2022 (IN CR.NO.271/2019 OF BILIKERE P.S.,) REGISTERED FOR O/P/U/S.188, 143, 147, 353 R/W SEC.149 OF IPC PENDING ON THE FILE OF THE Ld.42nd ACMM (SPECIAL COURT FOR TRIAL OF CASES AGAINST SITTING AS WELL AS FORMER MPs/MLAs TRIABLE BY MAGISTRATE IN THE STATE OF KARNATAKA) AT BENGALURU.

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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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Learned counsel for the Petitioners submits that the subject matter of this Petition is substantially similar to the one in Crl.P.No.10044/2022 between NARAYANA & OTHERES vs. STATE OF KARNATAKA & ANOTHER, disposed off by a Coordinate Bench of this Court vide order dated 11.08.2023, whereby similar proceedings impugned therein have been quashed. Learned Addl. SPP submits that there is statutory requirement for the Police to transmit the papers to the Jurisdictional Magistrate for

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3 - NC: 2024:KHC:5517 CRL.P No. 881 of 2024

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processing the same in accordance with law. There is force

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in this submission.

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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 off on 11.12.1974, has held that like cases should be treated alike and if relief is granted to a litigant, similar relief cannot be denied to other similarly circumstanced litigants, subject to all just exceptions. There are no factors that militate against this general norm of adjudication.

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In view of the above, Petition is allowed; the impugned proceedings C.C.No.41/2023 old CC No.3441/2022 arising from Crime No.271/2019 of Bilikere Police Station for the offence punishable under Sections 143, 147, 353, 149 of IPC are hereby quashed so far as the Petitioners are concerned.

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NC: 2024:KHC:5517 CRL.P No. 881 of 2024

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The Police is directed to transmit their papers forthwith, to the jurisdictional Magistrate to process the same u/s 195(2) of the Code of Criminal Procedure, 1973, if grounds do exist therefor.

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Further, the Police shall file the proof of such transmission of papers with the Registrar General of this Court within four weeks, failing which, personal presence may be ordered for taking punitive action.

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Ordered accordingly.

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Sd/JUDGE

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ABK List No.: 1 Sl No.: 3 CT: BHK

Dr Vijay Kumar B J v. State of Karnataka

Case brief

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Dr Vijay Kumar B J v. State of Karnataka

Case brief

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