Allowed

Andrew Peris @ Andrew Preetham Charles Peris v. State of Karnataka

Karnataka HC14 Nov 2024WP/12978/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka quashed criminal proceedings under IPC Sections 338 and 34 against a planter in C.C. No. 51/2022. The court granted a Writ Petition to quash the trial and directed the re-issuance of the impounded passport, finding the petitioner responsible for no negligence.

What did the court decide?

The proceedings in C.C. No. 51/2022 pending against the petitioner stand quashed. The petitioner's passport was directed to be re-issued.

Andrew Peris @ Andrew Preetham Charles Peris Vs… — Criminal Trial and Appeal | Karnataka HC (2024)

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NC: 2024:KHC:46308 WP No. 12978 of 2023 C/W CRL.P No. 6038 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 14^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA

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WRIT PETITION NO. 12978 OF 2023 (GM-RES) C/W

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CRIMINAL PETITION NO. 6038 OF 2023

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IN WP No. 12978/2023

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BETWEEN:

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ANDREW PERIS

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@ ANDREW PREETHAM CHARLES PERIS S/O. CHARLES PERIS, AGED ABOUT 50 YEARS, R/A. HOUSE NO.68, SPENCER ROAD, FAZER TOWN, BANGALORE - 560 005.

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Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA

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(BY SRI. ARUN GOVINDRAJ, ADVOCATE)

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…PETITIONER

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AND:

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STATE OF KARNATAKA

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BY STATION HOUSE OFFICER, BALEHONNUR POLICE STATION REP. BY HCGP, HIGH COURT OF KARNATAKA,

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BENGALURU - 560 001.

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NC: 2024:KHC:46308 WP No. 12978 of 2023 C/W CRL.P No. 6038 of 2023

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REGIONAL PASSPORT OFFICE, BENGALURU 8^TH BLOCK, 80 FT. ROAD, KORAMANGALA BENGALURU - 560 095 REP. BY LD. DSGI

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…RESPONDENTS

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(BY SRI. B.N.JAGADEESHA, ADDL. SPP FOR R1; SRI. H. SHANTHI BHUSHAN, DSGI FOR R2)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C., PRAYING TO-QUASH THE ORDER DTD 25/04/2023 PASSED IN C.C.NO. 51/2022 BY THE CIVIL JUDGE AND J.M.F.C AT KOPPA, CHIKKAMAGALURU DIST (ANNEXURE-A)ALLOW THE APPLICATION FILED BY THE PETITIONER SEEKING PERMISSION TO RENEW HIS PASSPORT FROM THE REGIONAL PASSPORT OFFICE, BENGALURU AND CONSEQUENTLY APPROVE THE RENEWED PASSPORT BEARING NO. Z7188091 ISSUED BY THE REGIONAL PASSPORT OFFICE , BENGALURU ON 17/01/2023 (ANNEXURE-H).

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IN CRL.P NO. 6038/2023

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BETWEEN:

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ANDREW PERIS

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@ ANDREW PREETHAM CHARLES PERIS

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S/O CHARLES PERIS,

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AGED ABOUT 50 YEARS, R/A HOUSE NO.68, SPENCER ROAD, FAZER TOWN, BANGALORE - 560005.

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ALSO AT. SIRIHONNE ESTATE,

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NC: 2024:KHC:46308 WP No. 12978 of 2023 C/W CRL.P No. 6038 of 2023

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HIREGADDE VILLAGE, KOPPA TALUK, CHIKKAMAGALURU DISTRICT - 577117

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...PETITIONER

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(BY SRI. ARUN GOVINDRAJ, ADVOCATE)

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AND:

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STATE OF KARNATAKA

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BY STATION HOUSE OFFICER, BALEHONNUR POLICE STATION,

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REP. BY HCGP, HIGH COURT BUILDING, BANGALORE, BENGALURU - 560001.

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BHASKARA

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S/O GURUVA,

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AGED ABOUT 38 YEARS, R/A DHOBLA DARKAS, HERUR VILLAGE, KOPPA TALUK,

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CHIKKAMAGALUR DIST. - 577123.

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...RESPONDENTS

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(BY SRI. B.N.JAGADEESHA, ADDL. SPP FOR R1; R2 - SERVED)

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THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH AND ENTIRE PROCEEDINGS IN C.C.NO.51/2022 (ANNEXURE A) ON THE FILE OF THE CIVIL JUDGE AND JMFC AT KOPPA, CHIKKAMAGALURU DISTRICT REGISTERED IN PRUSUANT TO THE CHARGE SHEET FILED BY THE RESPONDENT NO.1 (BALEHONNUR POLICE) FOR THE OFFENCE P/U/S.338 AND 34 OF IPC 1860 AGAINST THE PETITIONER.

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THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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4 - NC: 2024:KHC:46308 WP No. 12978 of 2023 C/W CRL.P No. 6038 of 2023

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CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA

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ORAL ORDER

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IN CRL.P.NO.6038/2023:

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The petitioner is before this Court calling in question the proceedings in C.C.No.51/2022 pending on the file of the Civil Judge and J.M.F.C., Koppa, Chikkamagaluru District registered for offence punishable under Section 338 read with Section 34 of the IPC.

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Heard the learned counsel Sri.Arun Govindaraj, appearing for the petitioner, the learned Additional State Public Prosecutor Sri.B.N.Jagadeesha, appearing for respondent No.1.

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3. Facts in brief, germane are as follows:

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The petitioner is a planter who enters into an agreement with one Mr.M.J. Thomas for the purpose of the purchase of timber that is available in the plantation of the petitioner. Mr.M.J. Thomas is said to have engaged labour for the purpose of cutting timber, as he had entered into an agreement for purchase of timber from the plantation of the petitioner. One

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5 - NC: 2024:KHC:46308 WP No. 12978 of 2023 C/W CRL.P No. 6038 of 2023

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of the employee, who was engaged by Mr.M.J. Thomas's contractor, who had been engaged to cut the trees was injured. The injury led to registration of the complaint and C.C.No.51/2022 for offence punishable under Section 338 of the IPC.

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Learned counsel appearing for the petitioner submits that the petitioner is in no way responsible for the mishap, which led injured to the family member of the complainant. That issue did not drive the petitioner to this Court in the subject petition, inter alia .

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The learned counsel appearing for the petitioner would further submits that the passport that was granted to the petitioner is subsequently impounded on the score that pendency of the criminal case in C.C.No.51/2022 was not divulged by the petitioner, while filing an application seeking re-issuance of passport.

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In the light of the aforesaid link in the chain of events i.e. the petitioner being a planter and entering into an

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6 - NC: 2024:KHC:46308 WP No. 12978 of 2023 C/W CRL.P No. 6038 of 2023

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agreement with one Mr.M.J. Thomas for purchase of timber that is available in his plantation and Mr.M.J. Thomas engaging a contractor to cut the timber in the plantation of the petitioner and an employee of the contractor engaged by one Mr.M.J. Thomas getting injured, the petitioner cannot be held to be responsible by any act of his that would become negligent and resulting in injury or becoming an ingredient of Section 338 of the IPC.

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Permitting further proceedings against this

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petitioner for no act of his that has led to negligence would become an abuse of the process of the law and result in miscarriage of justice.

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In the light of the only circumstance that led to impounding of the passport after it was granted being the pendency of the criminal case in C.C.No.51/2022 and that being obliterated by this order, there should be no impediment for issuance or re-issuance of passport in favour of the petitioner or de-impounding of the passport that is impounded in favour of the petitioner.

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7 - NC: 2024:KHC:46308 WP No. 12978 of 2023 C/W CRL.P No. 6038 of 2023

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Learned Deputy Solicitor General of India,

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Sri.Shanthi Bhushan H., who was asked to assist the Court would undertake that without brooking any delay, the passport of the petitioner would be re-issued to him. He would submit that this is the instruction he has received.

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His submission is placed on record.

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The learned counsel on the earlier occasion had undertaken that he would pay Rs.5.00 lakhs to the family of the injured - victim.

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Learned counsel for the petitioner has filed an affidavit that within eight weeks from today, he would pay Rs.5.00 lakhs to the family of the injured, which would be subject to proceedings before the Workmen's Compensation Tribunal/Court.

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The affidavit is taken on record.

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8 - NC: 2024:KHC:46308 WP No. 12978 of 2023 C/W CRL.P No. 6038 of 2023

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On the aforesaid observations and for the aforesaid

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reasons, the following:

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ORDER

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i) The petition is allowed; and

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ii) The proceedings in C.C.No.51/2022 pending on the file of the Civil Judge and J.M.F.C., Koppa, Chikkamagaluru District, qua the petitioner, stand quashed.

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IN W.P.NO.12978/2023:

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Heard the learned counsel Sri.Arun Govindaraj, appearing for the petitioner, the learned Additional State Public Prosecutor Sri.B.N.Jagadeesha, appearing for respondent No.1

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9 - NC: 2024:KHC:46308 WP No. 12978 of 2023 C/W CRL.P No. 6038 of 2023

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and the learned Deputy Solicitor General of India,

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Sri.Shanthi Bhushan H., appearing for respondent No.2.

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In the light the reasons rendered in

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Crl.P.No.6038/2023, the following:

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ORDER

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i) The petition is allowed; and

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ii) The proceedings in C.C.No.51/2022, pending on the file of the Civil Judge and J.M.F.C., Koppa, Chikkamagaluru District, qua the petitioner, stand quashed.

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Ordered accordingly.

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Sd/(M.NAGAPRASANNA) JUDGE

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KG List No.: 1 Sl No.: 13

Andrew Peris @ Andrew Preetham Charles Peris v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Andrew Peris @ Andrew Preetham Charles Peris v. State of Karnataka

Case brief

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What did the court decide?

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