Disposed

Sri Harish Poonja v. State of Karnataka

Karnataka HC5 Jul 2024WP/14200/2024

Case brief

AI extract

What is this about?

High Court refused to quash FIR under Section 482 CrPC as effective remedy of discharge exists. Court reserved liberty for petitioner to file discharge application in trial court within four weeks and directed trial judge not to insist on personal presence.

What did the court decide?

Petition disposed with liberty to move discharge application in trial court within four weeks; trial judge directed not to insist on personal presence.

Sri Harish Poonja Vs State of Karnataka — Quashing and FIR | Karnataka HC (2024)

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- 1 - NC: 2024:KHC:25545 WP No. 14200 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5^TH DAY OF JULY, 2024 BEFORE

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THE HON'BLE MR JUSTICE KRISHNA S DIXIT WRIT PETITION NO. 14200 OF 2024 (GM-RES)

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BETWEEN:

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SRI. HARISH POONJA, S/O MUTHANNA POONJA, AGED ABOUT 41 YEARS, PRESENTLY SITTING MLA OF BELTHANGADY TALUK, RESIDENT OF MITHILA NILAYA, GARDADI POST AND VILLAGE, BELTHANGADY TALUK, DAKSHINA KANNADA DISTRICT – 574 214.

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…PETITIONER

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(BY SRI. PRABHULING K NAVADGI., SENIOR COUNSEL A/W SRI. SUSHAL TIWARI.,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, THROUGH BELTHANGADI POLICE STATION, REPRESENTED BY THE LD. STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT, BENGALURU 560 001.

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MR.CHANDRASHEKAR A M. AGED ABOUT 29 YEARS, SON OF NOT KNOWN, POLICE SUB INSPECTOR., BELTHANGADI PS WORKING AT BELTHANGADI POLICE STATION, TALUK OFFICE ROAD, POLICE QUARTERS, BLETHANGADY, KARNATAKA 574 214.

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…RESPONDENTS

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(BY SRI.B N JAGADEESH.,ADDL SPP)

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2 - NC: 2024:KHC:25545 WP No. 14200 of 2024

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA 1950 READ WITH SECTION 482 OF CODE OF CRIMINAL PROCEDURE, 1973, PRAYING TO I) QUASH THE FIR IN CRIME NO.0058/2024 DTD 21.05.24 REGISTERED BY BELTHANGADY POLICE PENDING ON THE FILE OF THE HON’BLE PRINCIPAL CIVIL JUDGE AND JMFC BELTHANGADY, DAKSHINA KANNADA REGISTERED FOR OFFENCES PUNISHABLE UNDER SECTIONS 506, 341, 504, 143, 147 AND 149 OF THE INDIAN PENAL CODE, 1860(ANNEXUREA) IN SO FAR AS PETITIONER.

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

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ORDER

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Petitioners are knocking at the doors of this Court invoking the inherent jurisdiction for the quashment of CC No.18452/2024 pending before Principal Civil Judge and JMFC, Belthangady, Dakshina Kannada. The Charge Sheet has been filed by the jurisdictional Police after investigation.

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Learned Sr. Advocate Sri. Prabhulinga Nawadgi appearing for the Petitioners presses into service the Apex Court in STATE OF HARYANA vs. CHOWDHARY BHAJAN LAL, AIR 1992 SC 604 for the quashment saying that even if entire charge sheet material is taken into consideration, no charge would be brought home and

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3 - NC: 2024:KHC:25545 WP No. 14200 of 2024

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therefore the entire proceedings would amount to abuse of

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process of court and of law.

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Learned Addl. SPP on request accepting notice for both the Respondents vehemently opposes the Petition contending that it is open to the Petitioners to seek discharge under Section 229 of Cr.P.C., 1973 and they can move an Application in that regard, they can await hearing at the hands of the learned trial Judge whilst framing the charge, the Charge Sheet having been already filed; when such an efficacious remedy avails, ordinarily litigants cannot be allowed to tap the inherent jurisdiction of this Court. He also adds that in several other similar matters, this Court has relegated such litigants of the kind to the trial Court for seeking discharge.

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Having heard the learned counsel for the parties

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and having perused the Petition papers, this Court is broadly in agreement with the submission made by the learned Addl. SPP on behalf of Respondents. The Apex Court time and again has warned that tapping of inherent

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4 - NC: 2024:KHC:25545 WP No. 14200 of 2024

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jurisdiction u/s 482 of the Code cannot be as a matter of course and that, even if tapped, the jurisdiction shall be sparingly exercised. This Court is flooded with several such matters and in them already the track is beaten by relegating the litigants to the Trial Court with liberty to seek discharge. No special circumstances, despite vehement submissions are demonstrated as to why this Court should leave the beaten track and adopt a different procedure favourable to the litigants herein; no prejudice would be caused to the Petitioners by going back to the trial Judge and seek discharge at his hands inasmuch as, in matters like this, this Court has directed the trial judges not to insist upon personal presence of the accused once the Application is filed for discharge and a final decision after hearing of all the concerned thereon is taken. That would mitigate hardship which otherwise arguably could have occasioned to them.

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In the above circumstances, this Petition is disposed off reserving liberty to the Petitioners to move discharge

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5 - NC: 2024:KHC:25545 WP No. 14200 of 2024

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application either under Section 239 or 228 of the 1973

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Code within a period of four weeks in accordance with law before Trial Court.

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The learned trial judge is requested not to insist upon personal presence of the petitioner-accused if they apply for discharge and till a decision thereon is taken. All

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contentions of the parties are kept open.

Ordered accordingly.

Sd/JUDGE

Bsv

List No.: 1 Sl No.: 4

Sri Harish Poonja v. State of Karnataka

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Sri Harish Poonja v. State of Karnataka

Case brief

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