K C Krishnegowda vs Dayanandamurthy
2021 Latest Caselaw 2012 Kant

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                                     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.
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                                          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)
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                                                 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

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

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,

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

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