Karnataka High Court
Wasim Pasha @ Waseem Pasha vs State By Hunsur Town Police ... on 27 July, 2022
Bench: M.Nagaprasanna
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CRL.P No. 6737 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 6737 OF 2022
BETWEEN:
1. WASIM PASHA @ WASEEM PASHA
S/O IQBAL PASHA
AGED ABOUT 34 YEARS
PFI, DIST PRESIDENT
MUSLIM BLOCK
K R NAGARA
MYSORE-571602.
2. MOHAMED TABAREJ @
MAHAMMED TABREZ
S/O MOHAMMED YAKUB
AGED ABOUT 48 YEARS
TALUK PFI, PRESIDENT
MUSLIM BLOCK
HUNSUR CITY
MYSORE-571105.
3. MOHAMMED WASIM @ WASEEM
S/O GOHAR PASHA @ GOWHAR
AGED ABOUT 35 YEARS
Digitally signed by PFI, MEMBER
PADMAVATHI B K
KUSHAN WORK
Location: HIGH
COURT OF SHABBIRNAGARA
KARNATAKA HUNSUR CITY
MYSORE-571105.
...PETITIONERS
(BY SRI. MOHAMMED TAHIR, ADVOCATE)
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CRL.P No. 6737 of 2022
AND:
1. STATE BY HUNSUR TOWN
POLICE STATION
REP. BY HIGH COURT
STATE PUBLIC PROSECUTOR
OFFICE AT HIGH COURT COMPLEX
OPP VIDHAN SOUDHA
BANGALORE-560001.
2. SHIVAPPANAYAK
GOVT. OFFICIAL GAZETTE
COMMISSIONER
NAGARASABHE HUNSUR CITY
MYSORE DIST-571105.
...RESPONDENTS
(BY SRI. K.S.ABHIJITH, HCGP FOR R1)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE
THE COGNIZANCE ORDER DATED 13.03.2020 AT ANNEXURE-D
PASSED BY THE HONBLE PRL.SENIOR CIVIL JUDGE AND J.M.F.C
HUNSUR, MYSORE IN C.C.NO.121/2020 ARISING OUT OF
CR.NO.207/2019 REGISTERED BY THE HUNSUR TOWN POLICE AND
CONSEQUENTLY QUASH THE ANNEXURE-C i.e CHARGE SHEET
DATED 14.12.2019 FILED IN CR.NO.207/2019, REGISTERED WITH
THE RESPONDENT P.S i.e HUNSURU TOWN P.S., AND THE SAME IS
PENDING AS C.C.NO.121/2020 BEFORE THE HONBLE PRL.SENIOR
CIVIL JUDGE AND J.M.F.C HUNSUR, MYSORE FOR THE OFFENCE
P/U/S 3 AND 4 OF KARNATAKA OPEN PLACE DISFIGUREMENT ACT
1951 AND 1981 WHEREIN THESE PETITIONERS ARE ARRAIGNED AS
ACCUSED NO.1 TO 3.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri.Mohammed Tahir, learned counsel appearing
for the petitioners and Sri. K.S.Abhijith, the learned High Court
Government Pleader appearing for respondent No.1.
CRL.P No. 6737 of 2022
2. The petitioners are before this Court calling in
question the proceedings in C.C.No.121/2020, registered for
offences punishable under Sections 3 and 4 of Karnataka Open
Place Disfigurement Act, 1951 and 1981.
3. The issue in the case at hand stands covered by the
judgment rendered by the Co-ordinate Bench of this Court in
Crl.P.No.5309/2022, disposed of on 14.06.2022, wherein this
Court has held as follows:
"ORDER
The petitioner is before this Court calling in
question the order dated 13.03.2020 passed by
the Principal Senior Civil Judge and JMFC, Hunsur,
in C.C.No.121/2020 and the charge sheet dated
14.12.2019 in crime No.207/2019.
2. Both learned counsel for the petitioner
and the learned High Court Government Pleader
appearing for respondent No.1 - State in unison
would submit that the issue in the case at hand
stands covered by an order passed by a Co-
ordinate Bench of this Court in Crl.P.No.508/2017
and connected matters D.D.on 10.01.2018.
CRL.P No. 6737 of 2022
3. The order dated 10.01.2018, passed
Crl.P.No.508/2017 and connected matters, read as
follows:
"3. It is contended by the learned
counsel for the petitioner that there is a
legal bar to initiate the proceedings and to
proceed with the matter as per Section
1(2)(ii) of the Act. The Investigating Officer
has no jurisdiction to investigate the matter
without there being a notified area by the
State.
4. It is the allegation in the first
information report in all the cases that on
24.12.2015 in lieu of Hanuma Jayanthi,the
petitioner-accused person along with other
accused persons, without taking permission
have fixed the banners, buntings, flexes in
Hunsur city in Ward Nos.13,15,18 and 19.
On the basis of such allegation, the police
have registered a case under Sections 3 and
5 of the Act.
5. On perusal of the provision under the
said Act,Section (1) reads as follows :-
(1) This Act may be called the Karnataka
Open Places (Prevention of
Disfigurement) Act, 1981.
CRL.P No. 6737 of 2022
(2) It shall -
(i) be deemed to have come into force in the
cities of Bangalore, Mysore, Hubli-
Dharwar, Mangalore in and Belgaum
constituted or continued under the
Karnataka Municipal Corporations Act,
1976 or under any other law, on the fifth
day of May 1981 and
ii) come into force in the municipalities,
notified areas, sanitary boards,
constituted or continued under the
Karnataka Municipalities Act, 1964 or
under any other law, or in any other local
area, on such date, as the State
Government may my notification, appoint
and different dates may be appointed in
respect of different areas.
6. Section (1)(2)(i) of the Act states that
that it is deemed to have come into force in the
cities of Bangalore, Mysore, Hubli-Dharwar,
Mangalore and Belgaum constituted or continued
under the Karnataka Municipal Corporations Act,
1976 or under any other law, on the fifth day of
May 1981. Section (1)(2)(ii) states that it shall
come into force in the municipalities, notified
areas, sanitary boards, constituted or continued
CRL.P No. 6737 of 2022
under the Karnataka Municipalities Act, 1964 or
under any other law, or in any other local area, on
such date, as the State Government may by
notification, appoint and different dates may be
appointed in respect of different areas.
7. Admittedly as per the submission of the
learned HCGP that the State Government has not
issued any notification notifying the Hunsur
Municipality or the particular area in which the
alleged offence has been committed in order to
attract the provisions of the said Act.
8. Time was granted to the learned HCGP to
ascertain whether any such notification has been
issued under the said Act. However, today the
learned HCGP submits that as contemplated under
Section (2) (ii) of the Act, no notification has been
issued under the said Act.
9. Under the above said circumstance,
registration of the case and continuation of the
investigation is vitiated. Hence, the same is liable
to be quashed.
10. Accordingly, the following order is
passed.
i) All the petitions are hereby allowed.
CRL.P No. 6737 of 2022
ii) All further proceedings in C.C.No.501
of 2016 (arising out of Crime No.289/2015)
on the file of Principal Senior Civil Judge and
JMFC Hunsur, Mysore District and all further
investigation and proceedings in Crime
No.290, 291, 292, 293 of 2015 on the file of
Respondent - Hunsur Police insofar as the
petitioner herein is concerned are hereby
quashed."
In the light of the aforesaid order and the
facts obtaining in the case at hand, which covers
the issue on all its fours, I deem it appropriate to
obliterate the proceedings initiated against the
petitioner.
4. For the aforestated reasons, the following:
ORDER
i. The Criminal Petition is allowed.
ii. The order dated 13.03.2020 passed by
the Principal Senior Civil Judge and JMFC,
Hunsur, in C.C.No.121/2020 and the
proceedings in crime No.207/2019, stands
quashed, qua the petitioner.
I.A.No.1/2022 is disposed, as a
consequence."
CRL.P No. 6737 of 2022
4. In the light of the order passed by the
Co-ordinate Bench of this Court (supra) and for the reasons
aforementioned, the following:
ORDER
(i) The Criminal Petition is allowed.
(ii) The cognizance order dated 13.03.2020 passed by
the Hon'ble Principal Senior Civil Judge and
J.M.F.C., Hunsur, Mysore in C.C.No.121/2020
arising out of Crime No.207/2019 is set aside.
(iii) The charge sheet dated 14.12.2019 filed in Crime
No.207/2019 pending before the Hon'ble Principal
Senior Civil Judge and J.M.F.C., Hunsur, Mysore
stand quashed.
Sd/-
JUDGE
KG
