The High Court of Karnataka allowed the writ petition filed by an MLMP member. Relying on principle of like cases treated alike, the Court quashed criminal proceedings as they were already found meritless in identical cases tried by coordinate benches.
Criminal proceedings in C.C.No.2716/2021 were quashed so far as the petitioner is concerned.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:5524 WP No. 2740 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF FEBRUARY, 2024 BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 2740 OF 2024 (GM-RES)
BETWEEN:
RIZWAN ARSHAD, S/O R.Q. ARSHAD, AGED ABOUT 43 YEARS, MEMBER OF KARNATAKA LEGISLATIVE ASSEMBLY, SHIVAJINAGAR CONSTITUENCY, R/AT NEAR G-2, NO.24, 4TH STREET, BENSON TOWN, BENGALURU, KARNATAKA - 560 046 AND ALSO AT KPCC OFFICE, QUEENS RD, GOVINDA CHETTY COLONY, SHIVAJI NAGAR, BENGALURU, KARNATAKA - 560 051. …PETITIONER (BY SRI. BIPIN HEGDE, ADVOCATE A/W SRI. JEEVAN GOPAL, ADVOCATE)
Digitally signed by CHETAN B C Location: HIGH COURT OF KARNATAKA
AND:
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE CRIMINAL CASE BEARING C.C.NO.2716/2021 IN THE COURT OF I ADDL C.M.M., BANGALORE, NOW PENDING ON THE FILE OF 42ND ADDL CHIEF METROPOLITAN MAGISTRATE (SPL. COURT TRIAL CASES FILED AGAINST SITTING AS WELL AS FORMER MPs AND MLA, TRIABLE BY MAGISTRATE IN THE STATE OF KARNATAKA) WHICH WAS RENUMBERED AS FR C.C.NO.3172/2022 IN C.C.NO.3169/2022 IN SO FAR AS THE PETITIONER IS CONCERNED ANNEXURE-A AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioner submits and on being specifically asked, learned Additional State Public Prosecutor states that the version of the petitioner that in an identical set of circumstances, the proceedings arising from the very same crime registered in Halasuru Gate Police Station has been quashed by the Co-ordinate Bench of this Court in Crl.P.No.3432/2023 between Sri. D.K. SHIVAKUMAR Vs. State of KARNATAKA disposed off on 07.07.2023, a copy where of avails at Annexure-'C'.
have also been quashed by the Co-ordinate Bench of this
Court in another case too i.e., Crl.P No.7614/2023.
In view of that, petitioner cannot be singled out for discriminatory treatment at the hands of this Court, like case to be treated alike, being the operational norm.
In view of the above, the petition is allowed and the proceedings in CC.No.2716/2021 that were earlier on the file of I Additional C.M.M., Bangalore, and now pending before the learned 42nd Addl. Chief Metropolitan Magistrate, Bengaluru City are quashed so far as the petitioner is concerned.
Sd/JUDGE
ABK List No.: 1 Sl No.: 6
2 issues framed by the court
Whether criminal proceedings should be quashed so far as the petitioner is concerned given that identical proceedings were quashed in identical circumstances against co-accused in coordinated cases.
Whether treating similar cases alike constitutes discriminatory treatment when coordenated benches have already quashed proceedings arising from the same crime against other accused.
Colour shows how this judgement treated each authority
2 provisions across 2 enactments
RIZWAN ARSHAD
STATE OF KARNATAKA
THIMMARAYAPPA C
KRISHNA S DIXIT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
