Quashed

Rajendra S/O Gautam Bailur v. State of Karnataka

Karnataka HC15 Feb 2024CRL.RP/100028/2024

Case brief

AI extract

What is this about?

The Karnataka High Court, following the reasoning in its order, held that an order directing the petitioner to furnish a bond under Section 111 of the Cr.P.C., passed on the same day as the receipt of the police report without a proper hearing or record of proceedings, violated principles of natural justice and was quashed.

What did the court decide?

Criminal revision petition allowed; impugned order dated 28.04.2023 directing the petitioner to furnish a bond is quashed.

Rajendra S/O Gautam Bailur Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2024)

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NC: 2024:KHC-D:3602 CRL.RP No. 100028 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 15^TH DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY

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CRIMINAL REVISION PETITION NO. 100028 OF 2024 (397)

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BETWEEN:

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RAJENDRA S/O GAUTAM BAILUR AGE: 28 YEARS, OCC: BUSINESS, R/O. HOUSE NO.1930, DANEGALI, SHAHAPUR, SHAHAPUR, BELAGAVI-590006.

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…PETITIONER

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(BY SRI RAM . P. GHORPADE, ADVOCATE)

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AND:

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STATE OF KARNATAKA THROUGH DCP (LAW AND ORDER) BELAGAVI BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT DHARWAD-11.

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ANNAPURNA CHINNAPPA DANDAGAL

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Digitally signed by ANNAPURNA CHINNAPPA DANDAGAL Date: 2024.02.19 14:50:17 +0530

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THE POLICE INSPECTOR, CAMP POLICE STATION, BELAGAVI-590001.

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THE DEPUTY COMMISSIONER OF POLICE BELAGAVI-590001.

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…RESPONDENTS

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(HCGP FOR RESPONDENTS)

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THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W 401 OF CR.P.C., SEEKING TO CALL FOR THE RELEVANT RECORDS AND ALLOW THIS CRIMINAL REVISION PETITION BY SETTING ASIDE THE JUDGMENT ORDER DATED 28.04.2023, PASSED BY DEPUTY COMMISSIONER OF POLICE (LAW AND ORDER) AND SPECIAL EXECUTIVE MAGISTRATE BELAGAVI, IN MAG/CR P.C./265/COP/2023. AGAINST THE PETITIONER/ACCUSED FOR THE ALLEGED OFFENCES P/U/SEC. 107 OF CR.P.C.

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NC: 2024:KHC-D:3602 CRL.RP No. 100028 of 2024

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

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ORDER

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This criminal revision petition under Section 397 read with Section 401 of the Criminal Procedure Code (for short, ‘the Cr.P.C’) is filed by the petitioner assailing the order dated 28.04.2023 passed by the Deputy Commissioner of Police (Law and Order) and Special Executive Magistrate, Belagavi, in the proceedings bearing No.MAG/CRP.C./265/COP/2023 in exercise of his powers under Section 111 of the Cr.P.C.

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Heard the learned counsel for the parties.

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On the report of the Assistant Sub Inspector of Police, Camp Police Station, Belagavi, the District Executive Magistrate, Belagavi, had initiated proceedings against the petitioner in exercise of his powers under Section 111 of the Cr.P.C and had passed an order directing the petitioner to furnish a bond for a sum of Rs.50,000/- with two sureties for the likesum, undertaking to maintain good behavior for a period of one year. Being aggrieved by the same, the petitioner is before this Court.

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3 - NC: 2024:KHC-D:3602 CRL.RP No. 100028 of 2024

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Learned counsel for the petitioner submits that the order impugned is passed is violation of principles of natural justice. Therefore, same cannot be sustained.

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Learned High Court Government Pleader has supported the order impugned and she submits that the petitioner is rowdy sheeter and therefore, no interference as against the order impugned is called for.

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From perusal of the material on record, it is seen that on receipt of report of the jurisdictional Police Station, the District Executive Magistrate, Belagavi, after being satisfied that it is fit case to exercise his powers under Section 111 of the Cr.P.C. has passed the order impugned on the very same day itself. The order sheet maintained in the proceedings which is placed on record would go to show that on 28.04.2023 itself, the District Executive Magistrate, Belagavi, has passed six separate orders. Notice was allegedly issued to the petitioner, he

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was heard in the matter and also order impugned was passed on the same day. Therefore, it is evident that the order impugned has been passed by the Deputy

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4 - NC: 2024:KHC-D:3602 CRL.RP No. 100028 of 2024

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Commissioner of Police (Law and Order) and the Special Executive Magistrate, Belagavi, in utter violation of principles of natural justice and same cannot be sustained in law. Accordingly, the following:

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ORDER

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a) The criminal revision petition is allowed.

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b) The order dated 28.04.2023 passed by Deputy Commissioner of Police (Law and Order) and the Special Executive Magistrate, Belagavi, in proceedings bearing No.MAG/CRP.C./265/COP/2023, is quashed. However, this order will not come in the way of the Competent Authority to pass appropriate orders in accordance with law against the petitioner.

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Sd/-

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JUDGE

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AC CT:GSM List No.: 1 Sl No.: 24

Rajendra S/O Gautam Bailur v. State of Karnataka

Case brief

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What did the court decide?

Rajendra S/O Gautam Bailur v. State of Karnataka

Case brief

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