Quashed

Sri Ravi Subramanya v. State of Karnataka

Karnataka HC12 Jul 2024WP/18532/2024

Case brief

AI extract

What is this about?

A writ petition sought quashing of proceedings in C.C.No.24636/2022 under S.188 IPC and S.103 Karnataka Police Act. Relying on an earlier coordinate case and the principle of parity, the court quashed the proceedings pending before the VI Addl. Chief Metropolitan Magistrate.

What did the court decide?

Proceedings in C.C.No.24636/2022 pending before VI Addl. Chief Metropolitan Magistrate, Bengaluru, against the petitioner were quashed.

Sri Ravi Subramanya Vs State of Karnataka — Quashing and FIR | Karnataka HC (2024)

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NC: 2024:KHC:26988 WP No. 18532 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF JULY, 2024 BEFORE

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THE HON'BLE MR JUSTICE KRISHNA S DIXIT WRIT PETITION NO. 18532 OF 2024 (GM-RES)

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BETWEEN:

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SRI. RAVI SUBRAMANYA, AGED ABOUT 66 YEARS, R/O 380, 1^ST MAIN ROAD, GIRINAGAR 1^ST PHASE, BHANASHANKARI 3^RD STAGE, BANGALORE SOUTH - 560 085. BENEFIT OF SENIOR CITIZEN NOT CLAIMED. …PETITIONER

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(BY SRI. S SUDHARSAN.,ADVOCATE)

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AND:

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STATE OF KARNATAKA, BY SJ PARK POLICE STATION, BENGALURU 560 001. REPRESENTED BY THE STATE PUBLIC PROSECUTOR.

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

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…RESPONDENT (BY SRI.B N JAGADEESH.,ADDL SPP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 528 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, PRAYING TO QUASH THE ORDER DATED 29/07/2022 AND THE ENTIRE PROCEEDINGS INCLUDING THE COMPLAINT IN CC NO. 24636/2022 INITIATED AGAINST THE PETITIONER FOR OFFENCES PUNISHABLE UNDER SECTIONS 188 OF IPC AND SECTION 103 OF THE KARNATAKA POLICE ACT, PENDING ON THE FILE OF THE VI ADDL. CHIEF METROPOLITAN MAGISTRATE IN THE INTEREST OF JUSTICE. (PRODUCED AS ANNEXURE-A AND B) IS 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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2 - NC: 2024:KHC:26988 WP No. 18532 of 2024

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ORDER

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The subject matter of this petition is substantially similar to the one in Crl.P.No.7228/2023 C/w W.P.No.14239/2023 (GM-RES) between UMESH SHETTY VS. STATE OF KARNATAKA AND OTHERS , disposed off on 27.02.2024 wherein, the proceedings in C.C.No.24636/2022 have been voided as pending on the file of the VI Addl. Chief Metropolitan Magistrate, Bengaluru, have been quashed.

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Learned Sr. Advocate Mr. Aruna Shyam appearing for the petitioner submits that the relief granted to the litigant in the coordinate case needs to be extended to his client, as well on the principle of parity justifiably. There is no much objection to the same from the other side. A Division Bench of this Court in W.A.Nos. 932933/1974 between A.V.VINODA & ANOTHER Vs. STATE OF KARNATAKA BY ITS COMMISSIONER &

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SECRETARY disposed off on 11.12.1974, has held that the Court should treat the like-cases alike and if relief is

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3 - NC: 2024:KHC:26988 WP No. 18532 of 2024

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granted to a litigant it has to be extended to a similarly circumstanced litigant as well, there being no derogatory circumstances.

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In view of the above, the Petition having been favoured, the proceedings in C.C.No.24636/2022 pending on the file of learned VI Addl. Chief Metropolitan Magistrate, Bengaluru, against the petitioner herein, are quashed.

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Sd/JUDGE

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cbc List No.: 1 Sl No.: 9

Sri Ravi Subramanya v. State of Karnataka

Case brief

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Sri Ravi Subramanya v. State of Karnataka

Case brief

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