1
Crl.P.No.143/2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF MAY, 2021
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION No.143 OF 2021
BETWEEN:
1. K C KRISHNEGOWDA,
S/O CHIKKAMAYANNA,
AGED ABOUT 55 YEARS.
2. HALAGEGOWDA,
S/O LATE DODDAKARIGOWDA,
AGED ABOUT 60 YEARS.
3. MURTHY,
S/O SANNEGOWDA,
AGED ABOUT 40 YEARS.
4. CHAIRMAN RUDRESHA,
S/O LATE EREGOWDA,
AGED ABOUT 48 YEARS.
5. RAMESHA,
S/O LATE RAJU,
AGED ABOUT 45 YEARS.
6. MAHESH,
S/O LATE EREGOWDA,
AGED ABOUT 40 YEARS.
2
Crl.P.No.143/2021
7. RAVI,
S/O LATE MAYANNA,
AGED ABOUT 42 YEARS.
8. PUTTEGOWDA,
S/O LATE MAYANNA,
AGED ABOUT 52 YEARS,
ALL ARE RESIDENTS OF
KASUVINAHALLI VILLAGE,
KASABA HOBLI,
NAGAMANGALA TALUK,
MANDYA DISTRICT - 571 432.
... PETITIONERS
(BY SRI.CHANDRASHEKARA.K.A, ADVOCATE)
AND:
1. DAYANANDAMURTHY,
S/O LATE NARASIMHAMURTHY,
AGED ABOUT 56 YEARS,
KASUVINAHALLI VILLAGE,
KASABA HOBLI,
NAGAMANGALA TALUK,
MANDYA DISTRICT - 571 432.
2. THE STATE OF KARNATAKA,
BY THE POLICE OF NAGAMANGALA,
TOWN POLICE STATION,
MANDYA DISTRICT - 571 432.
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA,
BANGALORE - 560 001.
... RESPONDENTS
(By SRI. R.D.RENUKARADHYA, HCGP FOR R2;
SRI.RAMESH CHANDRA, ADVOCATE FOR R1)
3
Crl.P.No.143/2021
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C. PRAYING THIS HON'BLE COURT MAY BE
PLEASED TO QUASH THE ENTIRE PROCEEDINGS IN PCR
NO.146/2020 (CR No.120/2020 OF NAGAMANGLA TOWN
P.S) PENDING ON THE FILE OF THE LEARNED SENIOR
CIVIL JUDGE AND JMFC, NAGAMANGALA FOR THE
OFFENCE P/U/S 143, 145, 114, 504, 506, 120B R/W 149
OF IPC.
THIS CRIMINAL PETITION COMING ON FOR
ADMISSION THIS DAY THROUGH VIDEO CONFERENCE,
THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel for the petitioners, learned High Court Government Pleader for respondent No.2 and learned counsel for respondent No.1- complainant.
2. Brief facts of the case as revealed as per the records are:
A private complaint was lodged by respondent No.1 herein before the Court of Senior Civil Judge and JMFC, Nagamangala in PCR.No.146/2020 against the petitioners herein and a prayer was made in the private complaint to refer the complaint under Section 156(3) of 4 Crl.P.No.143/2021 Cr.P.C. to the jurisdictional police station for the purpose of investigation. On presentation of such complaint, the learned Magistrate has referred the complaint to jurisdictional Magistrate which had resulted in registering FIR in Crime No.120/2020 by Nagamangala Town Police Station against the petitioners for the offences punishable under Sections 143, 145, 114, 504, 506 and 120B r/w 149 of IPC.
3. Being aggrieved by the same, the petitioners who are arrayed as accused in the FIR have approached this Court to quash entire proceedings in Crime No.120/2020 of Nagamangala Police Station arising out of PCR No.146/2020 which is pending on the Court of the learned Senior Civil Judge and JMFC, Nagamangala for the aforesaid offences.
4. Learned counsel for the petitioners has primarily submitted that the private complaint filed before the Trial Court is not in compliance of 5 Crl.P.No.143/2021 requirements of the judgment in the case of Priyanka Srivastava and another v/s. State of Uttar Pradesh and another reported in AIR 2015 SC 1758. He further submits that the complaint is not accompanied with the affidavit which is the requirement of law as stated in the said judgment and therefore, submits that the Trial Court ought not have referred the complaint to the jurisdictional police on the basis of such a defective complaint. He has also raised contentions with regard to the merits of the complaint.
5. Learned counsel for respondent No.1 has fairly conceded that complaint is not in compliance of the requirement of Priyanka Srivastava's case and the same is curable defect and therefore, he submits that he has no objection to remit the matter to the Court of learned Magistrate with liberty to him to comply the defect. In view of the said statements made by the learned counsel for respondent No.1-complainant, 6 Crl.P.No.143/2021 without dealing with the other contentions raised by the learned counsel for the petitioners with regard to the merits of the case, it is suffice that if the order dated 15.10.2020 passed by the Trial Court is set aside and consequently the FIR registered pursuant to the said order is also quashed and the matter is remitted to the Trial Court with liberty to the complainant to cure the defect in the complaint preferred. In the circumstances, I proceed to pass the following:
ORDER
i) Criminal petition is partly allowed.
ii. Order dated 15.10.2020 passed by the learned Senior Civil Judge and JMFC, Nagamangala in PCR No.146/2020 is set aside; and iii. Consequently the FIR in Crime No.120/2020 registered in Nagamangala Town Police Station for the offences punishable under Sections 143, 145, 114, 504, 506 and 120B r/w 149 of IPC is also quashed. The matter is remitted to the Court below to consider the 7 Crl.P.No.143/2021 complaint afresh after providing an opportunity to the complainant to cure the defects in the complaint filed by him.
All other contentions raised by the learned counsel for the petitioners on the merits of the case are left open with liberty to urge the same at appropriate stage before the appropriate forum.
Sd/-
JUDGE DS/RKA