Disposed

Rajesh M K v. State of Karnataka

Karnataka HC5 Jul 2024WP/17816/2024

Case brief

AI extract

What is this about?

Twenty-seven accused sought quashing of cognizance and summons in a chargesheet case under IPC offences, relying on Bhajan Lal. The court held the discharge remedy before the trial court was efficacious and declined to exercise inherent jurisdiction absent special circumstances.

What did the court decide?

Liberty to petitioners to file discharge application under Section 239 or 228 CrPC within four weeks; trial judge not to insist on personal presence till decision on discharge.

Rajesh M K Vs State of Karnataka — Quashing and FIR | Karnataka HC (2024)

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1 - NC: 2024:KHC:25548 WP No. 17816 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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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. 17816 OF 2024 (GM-RES)

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BETWEEN:

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RAJESH M K (WRONGLY MENTIONED IN CHARGESHEET) RAJESHA MK S/O KRISHNAPPA, AGED ABOUT 35 YEARS, RESIDENT OF NO.1-105(2), NIDDAJE HOUSE, KALENJA, KAYARTHADKA, BELTHANGADY, DAKSHINA KANNADA 574 216.

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JAGADISH S/O SHRINIVASA, (WRONGLY MENTIONED IN CHARGESHEET) S/O SRINIVASA HEGDE, AGED ABOUT 31 YEARS, RESIDENT OF HOUSE NO. 1-366/3 KANNAJE HOUSE, KANNAJE, LAILA, DAKSHINA KANNADA, KARNATAKA – 574 214.

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

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CHANDRAHAS DAS S/O LAKSHMANA DAS, AGED ABOUT 58 YEARS, RESIDENT OF NO. 1-420, BADYAR HOUSE, KUVETTU, GURUVAYANAKERE, DAKSHINA KANNADA, KARNATAKA 574 217.

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PRAKASH ACHARY (NAME WRONGLY MENTIONED IN CHARGESHEET AS YASHODHARA) S/O KRISHNA ACHARYA, AGED ABOUT 42 YEARS, RESIDENT OF NO. 1-33/11, PRAKASH NILAYA, KAIPLODY HOUSE, BELTHANGADY, LAILA, DAKSHINA KANNADA, KARNATAKA 574 214

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2 - NC: 2024:KHC:25548 WP No. 17816 of 2024

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SANDEEP RAI S/O RAMANATHA RAI, AGED ABOUT 43 YEARS, RESIDENT OF MUNDRUPADDI HOUSE, MUNDRUPPADI, DHARMASTHALA, DAKSHINA KANNADA, KARNATAKA 574 216.

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NITESH SHETTY (NAME WRONGLY MENTIONED IN CHARGESHEET) NITHESH K S/O GOPAL SHETTY, AGED ABOUT 28 YEARS, RESIDENT OF NO. 3-12, KENCHOTTU HOUSE, ODILNALA, DAKSHINA KANNADA, VODILNALA, KARNATAKA 574 217.

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PAVAN SHETTY S/O MANOHARA SHETTY, AGED ABOUT 27 YEARS, RESIDENT OF AJITH NAGAR, UJRE, BELTHANGADY (ADDRESS FULLY NOT MENTIONED IN CHARGESHEET) NO. 3-70/3 A, DHARKAS HOUSE, AJITH NAGAR, UJRE, DAKSHINA KANNADA, KARNATAKA-574 240.

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PRADEEP SHETTY S/O SEETHARAMA SHETTY AGED ABOUT 35 YEARS NO.2-279(16), RATHNAGIRI HOUSE KUVETTU GURUVAYANAKERE, BELTHANGADY, DAKSHINA KANNADA, KARNATAKA 574 217.

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PRADEEP SHETTY S/O SHRIDHAR SHETTY AGED ABOUT 32 YEARS, RESIDENT OF PADYAR MAJALU, VILLAGE PANCHAYAT MEMBER, BARAYA HOUSE, KUVETTU, BELTHANGADY, (ADDRESS WRONGLY MENTIONED IN CHARGESHEET) RESIDENT OF NO. 51, PADYAR MAJALU HOUSE, KUVETTU, GURUVAYANAKERE, BELTHANGADY, DAKSHINA KANNADA, KARNATAKA-574 217.

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RANJITH SHETTY, (NAME WRONGLY MENTIONED IN CHARGESHEET) RANJITH S/O SEETHARAMA SHETTY AGED ABOUT 36 YEARS, RESIDENT AT MADDADKA HOUSE, KORIYARU ROAD, KUVETTU, BELTHANGADY (ADDRESS WRONGLY MENTIONED) RESIDENT AT RAJASHREE KREPA, MADDADKA, BELTHANGADY TALUK, KUVETTU, GURUVAYANAKERE, DAKSHINA KANNADA, KARNATAKA 574 217.

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RIJESH (NAME WRONGLY MENTIONED IN CHARGESHEET) RIJESH KUMAR R S/O RAMACHANDRA NAIR, AGED ABOUT 36 YEARS, RESIDENT OF MANDARAGIRI, SHIVAJINAGARA, KUVETTU, BELTHANGADY, (ADDRESS WRONGLY MENTIONED IN CHARGESHEET) RESIDENT OF SHABARI NILAYA 2-283(A) KUVETTU, GURUVAYANAKERE, BELTHANGADY, DAKSHINA KANNADA, KARNATAKA 574 217.

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AVINASH (NAME WRONGLY MENTIONED IN CHARGESHEET) AVINASH KUMAR R, S/O RAMACHANDRA NAIR, AGED ABOUT 51 YEARS, MANDARAGIRI, SHIVAJINAGARA, KUVETTU, BELTHANGADY. (ADDRESS WRONGLY MENTIONED IN CHARGESHEET) RESIDENT OF SHABARI NILAYA 2-283(A), KUVETTU, GURUVAYANAKERE, DAKSHINA KANNADA, BELTHANGADY, KARNATAKA -574 217.

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SOORYACHANDRA PRASAD ALIAS CHANDAN KAMATH S/O LATE K NARAYANA KAMATH, AGED ABOUT 49 YEARS, RESIDENT OF AJIKURI HOUSE, DHARMASTHALA, BELTHANGADY. (ADDRESS NOT FULLY MENTIONED IN CHARGESHEET) NO. 4-26, CHANDAN BAGH, AJIKURI, DHARMASTHALA, DAKSHINA KANNADA, KARNATAKA 574 216.

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SANTHOSH KUMAR (NAME WRONGLY MENTIONED IN CHARGESHEET) SANTHOSH KUMAR JAIN, S/O DHARMARAJ, (WRONGLY MENTIONED IN CHARGESHEET) DHARMARAJ BUNNU, AGED ABOUT 51 YEARS, RESIDENT OF SAMPATHA NILAYA, KANNADI KATTE, PADANGADY, BELTHANGADY, DAKSHINA KANNADA, KARNATAKA 574 217.

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PUSHPARAJ SHETTY, S/O PURANDARA SHETTY, AGED ABOUT 38 YEARS, RESIDENT OF NO. 1-450, GANESH KRIPA, SHAKTHINAGARA, KUVETTU, DAKSHNINA KANNADA, KARNATAKA 574 217.

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SRINIVAS RAO S/O GANESHA, (WRONGLY MENTIONED IN CHARGESHEET) S/O LATE GANAPATHI RAO, AGED ABOUT 55 YEARS, RESIDENT OF NO. 2-47, GANESH PRASANNA DONDOLE, DHARMASTHALA, DAKSHINA KANNADA, KARNATAKA 574 216.

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RAJ PRAKASH SHETTY S/O BABU SHETTY, AGED ABOUT 47 YEARS, NO. 1/178, PADDDALU HOUSE, ODINALA, BELTHANGADY, KARNATAKA 574 217.

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GANESH (NAME WRONGLY MENTIONED IN CHARGESHEET) GANESHA S/O RAJU MESTRI, AGED ABOUT 36 YEARS, RESIDENT OF PADLADI HOUSE, LAILA, BELTHANGADY. (ADDRESS WRONGLY MENTIONED IN CHARGESHEET) RESIDENT OF GANESH KRIPA, RAGHAVENDRA NAGAR, BELTHANGADY, LAILA, DAKSHINA KANNADA, KARNATAKA 574 214.

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VITTAL ACHARYA S/O SHIVANNA ACHARYA AGED ABOUT 45 YEARS, RESIDENT OF BARAYA HOUSE, BELTHANGADY TALUK, KUVETTU, GURUVAYANAKERE, DAKSHINA KANNADA, KARNATAKA 574 217.

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GANESH K S/O CHEENKRA GOWDA, AGED ABOUT 45 YEARS, RESIDENT OF KODAPATYA HOUSE, SAMEDA KALAPU, PUDUVETTU, BELTHANGADY, DAKSHIA KANNADA, KARNATAKA 574 216.

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VIKAS SHETTY (NAME WRONGLY MENTIONED IN CHARGESHEET) VIKAS S/O CHANDRAHAS SHETTY, AGED ABOUT 21 YEARS, RESIDENT OF DOOR NO. 1-420, GURUVAYANAKERE, KUVETTU, BELTHANGADY (ADDRESS WRONGLY MENTIONED IN CHARGESHEET)

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K 2-100(20), SASSYODHYANA HOUSE, KUVETTU, GURUVAYANAKERE, BELTHANGADY, DAKSHINA KANNADA, KARNATAKA 574 217.

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RAVINANDAN, (WRONGLY MENTIONED IN CHARGESHEET) RAVINANDAN N, S/O RAGHAVA HEGDE, AGED ABOUT 32 YEARS, RESIDENT OF NO. 8-262(1), NATTIBAILU HOUSE, PUTTUR TALUK, UPPINANGADY, DAKSHINA KANNADA, KARNATAKA-574 241.

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SUKHESH PUDDA, (NAME WRONGLY MENTIONED IN CHARGESHEET) SUKHESH S/O PUDDA, AGED ABOUT 26 YEARS, RESIDENT OF NO. 18, KODIYELU, MELANTHABETTU, DAKSHINA KANNADA, KARNATAKA -574 214.

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NAVEEN KULAL (NAME WRONGLY MENTIONED IN CHARGESHEET) NAVEEN S S/O SHANTAPPA KULAL, AGED ABOUT 36 YEARS, RESIDENT OF SHIVAJINAGARA, KUVETTU, GURUVAYANAKERE, BELTHANGADY (ADDRESS NOT FULLY MENTIONED IN CHARGESHEET) SWATHI NILAYA, SHIVAJI NAGARA, KUVETTU, DAKSHINA KANNADA, KARNATAKA 574 217.

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PADMANABHA SHETTY, S/O JAYARAMA SHETTY, AGED ABOUT 24 YEARS, RESIDENT OF HALLANDODI HOUSE, PADANGADY, DAKSHINA KANNADA, KARNATAKA-574 217.

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SHANKARA SAPALYA, (NAME WRONGLY MENTIONED IN CHARGESHEET) SHANKARA S/O DOOMA SAPALYA, AGED ABOUT 52 YEARS, RESIDENT OF NO. 8-118, GUMPALAJE DARKASU HOUSE, BELTHANGADY, DAKSHINA KANNADA, KARNATAKA 574 214.

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SUDHIR (NAME WRONGLY MENTIONED IN CHARGESHEET) SUDHIR R S/O ANNU POOJARY, AGED ABOUT 33 YEARS, RESIDENT OF NO. 1-185, RATHABEEDI HOUSE, CHARMADI, DAKSHINA KANNADA, KARNATAKA-574 228.

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…PETITIONERS

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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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STATE OF KARNATAKA THROUGH PUTTUR, POLICE STATION, REPRESENTED BY THE LD. STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT BENGALURU – 560 001.

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MR. MURALIDHARA NAIK KG, AGED ABOUT 30 YEARS, SON OF NOT KNOWN, POLICE SUB INSPECT., BELTHANGADI PS, WORKING AT BELTHANGADI POLICE STATION, TALUK OFFICE ROAD, POLICE QUARTERS, BELTHANGADY, KARNATAKA – 574 214.

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…RESPONDENTS

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

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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 QUASH THE ORDER TAKING COGNIZANCE AGAINST THE PETITIONERS (ACCUSED NO.2 TO ACCUSED NO. 28) AND ISSUING SUMMONS VIDE ORDER DTD. 06.06.2024 PASSED BY THE LEARNED XLII ACMM, BENGALURU (SPL. COURT FOR TRIAL OF CASES FILED AGAINST SITTING AS WELL AS FORMER MPS/MLAS TRIABLE BY THE MAGISTRATE IN THE STATE OF KARNATAKA) IN C.C.NO. 18210/2024 REGISTERED FOR OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 341, 353 AND 506 R/W SECTION 149 OF THE IPC (ANNX-A). AND ETC.,

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, 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.18210/2024 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

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BHAJAN LAL, AIR 1992 SC 604 for the quashment saying that even if entire charge sheet material is taken

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into consideration, no charge would be brought home and therefore the entire proceedings would amount to abuse of process of court and of law.

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Learned Addl. SPP on request accepting notice

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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

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learned Addl. SPP on behalf of Respondents. The Apex

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Court time and again has warned that tapping of inherent 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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NC: 2024:KHC:25548 WP No. 17816 of 2024

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In the above circumstances, this Petition is disposed off reserving liberty to the Petitioners to move discharge application either under Section 239 or 228 of the 1973 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 contentions of the parties are kept open.

Ordered accordingly.

Sd/JUDGE

Bsv

List No.: 2 Sl No.: 2

Rajesh M K v. State of Karnataka

Case brief

What is this about?

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Rajesh M K v. State of Karnataka

Case brief

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