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Shanthakumara Swamy M G Vs State of Karnataka — Karnataka HC (2025) — LawSathi Research

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Karnataka HC
2025
Shanthakumara Swamy M G Vs State of KarnatakaShanthakumara Swamy M G v. State of Karnataka

Disposed¶¶40

Shanthakumara Swamy M G v. State of Karnataka

Criminal law – Quashing of FIR/consequential proceedings

Karnataka HC13 Feb 2025WP/22581/2024

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; WP No. 22574 of 2024 (GM-RES) c/w WP No. 22581 of 2024 (GM-RES); decided 13-02-2025 by M.Nagaprasanna J.; petitioner Shanthakumara Swamy M. G. (Assistant Engineer); respondents State of Karnataka (Sagar Rural P.S.), Jeethendra, Pallavi alias Pavitra; subject: quashing of FIR/criminal proceedings — Crime No. 103/2024 dated 16/7/2024 under Ss. 20(B)(II)A, 8(C) N.D.P.S Act and Crime No. 194/2023 dated 09.09.2023 under Ss. 354, 354(D), 509, 465 IPC, pending before Addl. Civil Judge & JMFC, Sagara (Shimoga district); filed under S. 528 B.N.S.S. / S. 482 CrPC; chargesheet filed during investigation; petitions withdrawn with liberty to file fresh petitions against the chargesheet; disposed as withdrawn; no cases cited; no quantum involved.

What did the court decide?

Petitions disposed as withdrawn, with liberty reserved to the petitioner to file fresh petitions raising challenge to the chargesheet.

Why is it important?

Leave granted to the petitioner to withdraw the petitions and file fresh petitions raising challenge to the chargesheet; the liberty so sought is granted. ¶¶40

What the court decided

AI extract

Outcome

Petitions disposed as withdrawn, with liberty reserved to the petitioner to file fresh petitions raising challenge to the chargesheet.

Issue for consideration

Whether the registration of the Crimes (Cr. No. 103/2024 under the N.D.P.S Act and Cr. No. 194/2023 under the IPC) and the consequent criminal proceedings should be quashed.

Court's answer

Leave granted to the petitioner to withdraw the petitions and file fresh petitions raising challenge to the chargesheet; the liberty so sought is granted.

Ratio / Principle

The petitions are disposed of as withdrawn, reserving the liberty to file fresh petitions challenging the chargesheet.

Detailed headnote1 paragraphs

Criminal law — Quashing of FIR/consequential proceedings — Writ petitions (GM-RES) under S. 528 B.N.S.S. / S. 482 CrPC seeking quashing of (i) entire proceedings in Crime No. 103/2024 dated 16/7/2024 (Ss. 20(B)(II)A, 8(C), N.D.P.S Act) and (ii) FIR in Crime No. 194/2023 dated 09.09.2023 (Ss. 354, 354(D), 509, 465, IPC), pending before the Addl. Civil Judge/JMFC, Sagara — At further hearing, Addl. SPP submitted that pursuant to investigation a chargesheet had been filed against the petitioner — Counsel sought leave to withdraw the petitions and file fresh petitions challenging the chargesheet — Leave granted; petitions disposed as withdrawn with liberty reserved. No adjudication on the merits of the FIRs. (High Court of Karnataka at Bengaluru, M.Nagaprasanna J., 13 February 2025)

A

1 -

NC: 2025:KHC:6554 WP No. 22574 of 2024 C/W WP No. 22581 of 2024

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF FEBRUARY, 2025

BEFORE

THE HON'BLE MR JUSTICE M.NAGAPRASANNA

WRIT PETITION NO. 22574 OF 2024 (GM-RES) C/W WRIT PETITION NO. 22581 OF 2024 (GM-RES)

IN WP No. 22574/2024

BETWEEN:

SHANTHAKUMARA SWAMY M. G. S/O. LATE GURUSWAMY M. T. AGED: 35 YEARS, OCC: ASSISTANT ENGINEER (ELE), 110KV MUSS ANANDPURA SAGARA TALUK, SHIMOGA (DIST) 577412. ALSO AT: NO.6 NAYAKANATHATTI, CHALLAKERE TALUK CHITRADURGA- 577501.

Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench

…PETITIONER (BY SRI RAJATH, ADVOCATE)

AND:

STATE OF KARNATAKA, BY THE POLICE OF SAGAR RURAL P.S, SAGARA TALUK, SHIMOGA -577401, REP BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AMBEDKAR VEEDHI, BENGALURU- 560001.

JEETHENDRA S/O. SHIVANAND SWAMI, AGED ABOUT: 28 YEARS,

2 -

NC: 2025:KHC:6554 WP No. 22574 of 2024 C/W WP No. 22581 of 2024

OCC: ENGINEER, R/AT: VIDYANAGARA LAYOUT, SAGARA TALUK, SHIMOGA DISTRICT- 581203.

…RESPONDENTS

(BY SRI JAGADEESHA B. N., ADDL. SPP FOR R1, NOTICE TO R2 IS SERVED)

THIS WRIT PETITION IS FILED UNDER SECTION 528 OF THE B.N.S.S., 2013 IS PRAYING TO QUASH ENTIRE PROCEEDINGS, IN CR. NO. 103/2024 DATED 16/7/2024 REGISTERED FOR THE OFFENCES PUNISHABLE U/S. SECTIONS 20(B)(II)A, 8(C) OF THE N.D.P.S ACT PENDING ON THE FILE OF THE LD. ADDL. CIVIL JUDGE AND JMFC VIDE ANNEXURE-D, SAGARA. AND GRANT SUCH OTHER RELIEFS AS THE HON’BLE COURT DEEMS FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE TO MEET THE ENDS OF JUSTICE.

IN WP NO. 22581/2024

BETWEEN

SHANTHAKUMARA SWAMY M. G. S/O. LATE GURUSWAMY M. T., AGE: 34 YEARS, OCC: ASSISTANT ENGINEER (ELE.) 110KV MUSS ANANDPURA SAGARA TALUK, SHIMOGA(DIST)- 577412.

…PETITIONER

(BY SRI RAJATH, ADVOCATE)

AND

STATE OF KARNATAKA, BY THE POLICE OF SAGAR RURAL P.S, SAGARA TALUK,

3 -

NC: 2025:KHC:6554 WP No. 22574 of 2024 C/W WP No. 22581 of 2024

SHIMOGA -577401 REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AMBEDKAR VEEDHI, BENGALURU -560001.

PALLAVI ALIAS PAVITRA D/O. YOGESHWARA SWAMY, AGE: 26 YEARS, ANDAVALLI VILLAGE, SORABA TALUK, SHIVAMOGGA DIST- 577429.

…RESPONDENTS

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

THIS WRIT PETITION IS FILED UNDER SECTION 482 OF CODE OF CRIMINAL PRODECURE, 1973 (SECTION 528 OF THE B.N.S.S.) IS PRAYING TO QUASH THE FIR AND ALL IT CONSEQUENTIAL PROCEEDINGS IN CR. NO. 194/2023 DATED 09.09.2023 VIDE ANNEXURE-A REGISTERED FOR THE OFFENCES PUNISHABLE U/S. SECTIONS 354, 354(D), 509 AND 465 OF IPC PENDING ON THE FILE OF THE LD. ADDL CIVIL JUDGE AND JMFC 1, SAGARA AND GRANT SUCH OTHER RELIEFS AS THE HON’BLE COURT DEEMS FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE TO MEET THE ENDS OF JUSTICE.

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

4 - NC: 2025:KHC:6554 WP No. 22574 of 2024 C/W WP No. 22581 of 2024

ORAL ORDER

What is called in question is the registration of

the Crime.

Learned Addl.SPP submits that pursuant to the investigation, chargesheet is filed against the petitioner. Therefore, learned counsel for the petitioner would seek leave of this Court to withdraw the petitions and file fresh petitions raising challenge to the chargesheet. Liberty so sought is granted. The petitions are disposed as withdrawn reserving the aforesaid liberty.

Sd/(M.NAGAPRASANNA) JUDGE

RHR/-

List No.: 19 Sl No.: 65

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the registration of the Crimes (Cr. No. 103/2024 under the N.D.P.S Act and Cr. No. 194/2023 under the IPC) and the consequent criminal proceedings should be quashed.¶¶38-39
The court held
Leave granted to the petitioner to withdraw the petitions and file fresh petitions raising challenge to the chargesheet; the liberty so sought is granted.ratio¶¶40

Statutes considered

5 provisions across 5 enactments

AI extract

B.N.S.S., 2013528¶¶20
Code of Criminal Procedure, 1973482¶¶34
B.N.S.S.528¶¶34
N.D.P.S Act20(B)(II)A, 8(C)¶¶20
IPC354, 354(D), 509 and 465¶¶34

Procedural history

How this case reached the court

AI extract

Order under challenge
Registration of the Crimes and consequent proceedings sought to be quashed: (i) Crime No. 103/2024 dated 16/7/2024 registered for offences punishable under Sections 20(B)(II)A, 8(C) of the N.D.P.S Act (Annexure-D), and (ii) FIR in Crime No. 194/2023 dated 09.09.2023 registered for offences punishable under Sections 354, 354(D), 509 and 465 of IPC (Annexure-A).¶¶20
Ld. Addl. Civil Judge and JMFC, Sagara (Cr. No. 103/2024); Ld. Addl. Civil Judge and JMFC 1, Sagara (Cr. No. 194/2023) · 16/7/2024 (registration of Cr. No. 103/2024); 09.09.2023 (registration of Cr. No. 194/2023)
Prior proceeding
Crime No. 103/2024 dated 16/7/2024 registered for offences punishable under Sections 20(B)(II)A, 8(C) of the N.D.P.S Act; proceedings pending before the Ld. Addl. Civil Judge and JMFC, Sagara (Annexure-D).¶¶20
Prior proceeding
FIR in Crime No. 194/2023 dated 09.09.2023 registered for offences punishable under Sections 354, 354(D), 509 and 465 of IPC; pending before the Ld. Addl. Civil Judge and JMFC 1, Sagara (Annexure-A).¶¶34
Prior proceeding
Investigation concluded and chargesheet filed against the petitioner, as submitted by the Learned Addl. SPP during hearing.¶¶40

Parties & counsel

AI extract

petitioner
Shanthakumara Swamy M. G.¶¶9
Rajath
respondent
State of Karnataka, by the Police of Sagar Rural P.S., Sagara Taluk, Shimoga, rep. by the State Public Prosecutor¶¶13
Jagadeesha B. N.
respondent
Jeethendra S/o. Shivanand Swami¶¶14
respondent
Pallavi alias Pavitra D/o. Yogeshwara Swamy¶¶31

Coram

AI extract

M.Nagaprasannaauthor¶¶5

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 13 Feb 2025 · February
Registered: 21 Aug 2024
Case no.: WP/22581/2024
CNR: KAHC010484102024
Bench: M.nagaprasanna
Disposal: DISPOSED
Case type: GM-RES

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Cite this judgement

Shanthakumara Swamy M G v. State of Karnataka, WP/22581/2024 (KA), decided on 13 February 2025.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes5

B.N.S.S., 2013528
Code of Criminal Procedure, 1973482
B.N.S.S.528
N.D.P.S Act20(B)(II)A, 8(C)

View all statutes

Procedural history4

Registration of the Crimes and consequent proceedings sought to be quashed: (i) Crime No. 103/2024 dated 16/7/2024 registered for offences punishable under Sections 20(B)(II)A, 8(C) of the N.D.P.S Act (Annexure-D), and (ii) FIR in Crime No. 194/2023 dated 09.09.2023 registered for offences punishable under Sections 354, 354(D), 509 and 465 of IPC (Annexure-A).Ld. Addl. Civil Judge and JMFC, Sagara (Cr. No. 103/2024); Ld. Addl. Civil Judge and JMFC 1, Sagara (Cr. No. 194/2023) · 16/7/2024 (registration of Cr. No. 103/2024); 09.09.2023 (registration of Cr. No. 194/2023)
Crime No. 103/2024 dated 16/7/2024 registered for offences punishable under Sections 20(B)(II)A, 8(C) of the N.D.P.S Act; proceedings pending before the Ld. Addl. Civil Judge and JMFC, Sagara (Annexure-D).
FIR in Crime No. 194/2023 dated 09.09.2023 registered for offences punishable under Sections 354, 354(D), 509 and 465 of IPC; pending before the Ld. Addl. Civil Judge and JMFC 1, Sagara (Annexure-A).

View full history

Bench / Coram

M.Nagaprasanna

Parties & counsel