Sri. Narayanachar vs State Of Karnataka
2023 Latest Caselaw 2170 Kant

                                                      -1-
                                                            CRL.P No. 2883 of 2023




                            IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                 DATED THIS THE 11TH DAY OF APRIL, 2023

                                                   BEFORE
                                  THE HON'BLE MR JUSTICE K.NATARAJAN
                                  CRIMINAL PETITION NO. 2883 OF 2023
                       BETWEEN:

                       1.   SRI. NARAYANACHAR
                            S/O CHANDRACHAR D
                            AGED ABOUT 50 YEARS
                            R/AT BEHIND GOVINDAPPA HOUSE
                            T B CIRCLE
                            HIRIYUR - 577 598

                            NOW AT,
                            SREE MATHA JEWELLERY
                            GANDHI CIRCLE
                            HIRIYUR - 577 598

                       2.   SRI VIVEKANANDA N
                            S/O NARAYANACHAR C
                            AGED ABOUT 25 YEARS
                            R/AT BEHIND GOVINDAPPA HOUSE
                            T B CIRCLE
                            HIRIYUR - 577 598

Digitally signed by
BHAVANI BAI G               NOW AT NO.3/2, 3RD FLOOR,
Location: High Court
of Karnataka                THIMMIAH TOWERS,
                            GANDHINAGAR, 1ST CROSS,
                            BANGALORE 560009
                                                                       ...PETITIONERS
                       (BY SRI. RAJU C N.,ADVOCATE)
                       AND:

                       1.   STATE OF KARNATAKA
                            BY HIRIYUR TOWN POLICE STATION
                            REPRESENTED BY SPECIAL PUBLIC PROSECUTOR
                            HIGH COURT OF KARNATAKA
                            HIGH COURT BUILDING
                            BENGALURU - 560 001
                                  -2-
                                          CRL.P No. 2883 of 2023




2.   SRI DR KRISHNARAJ
     S/O VENKATARAO
     AGED ABOUT 65 YEARS,
     R/AT DURGA CLINIC
     MYSORE ROAD,
     HIRIYUR - 577 598
                                                   ...RESPONDENTS
(BY SRI. B.J. ROHITH, HCGP FOR R1
 NOTICE TO R2 IS DISPENSED WITH)

      THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C. PRAYING TO SET ASIDE THE ORDER DATED 19/02/2022 AT
ANNEXURE A TAKING COGNIZANCE OF THE OFFENCES PUNISHABLE
UNDER SECTIONS 323, 504, 506 AND 34 OF THE INDIAN PENAL
CODE, 1860 AND SECTIONS 3 AND 4         OF THE KARNATAKA
PROHIBITION OF VIOLENCE AGAINST MEDICARE SERVICE
PERSONNEL AND DAMAGE TO PROPERTY IN MEDICARE SERVICE
INSTITUTIONS ACT 2009 AGAINST THE PETITIONERS IN
C.C.279/2022 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND
JUDICIAL MAGISTRATE FIRST CLASS, HIRIYUR, CHITRADURGA
DISTRICT ARISING OUT OF CRIME NO.71/2021 OF HIRIYUR TOWN
POLICE STATION, CHITRADURGA DISTRICT, BY ALLOWING THIS
PETITION.

     THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
                                ORDER

Learned High Court Government Pleader accepts notice

for the respondent No.1-State.

Issuance of notice to respondent No.2 is hereby

dispensed with.

This petition is filed by the petitioners-accused Nos.1 and

2 under Section 482 of Cr.P.C. for quashing the criminal

proceedings in C.C.No.279/2022 registered by Hiriyur Town

CRL.P No. 2883 of 2023

Police Station, Chitradurga and charge-sheeted for the offences

punishable under Sections 323, 504, 506 read with Section 34

of the Indian Penal Code, 1860 and Sections 3 and 4 of the

Karnataka Prohibition of Violence against Medicare Service

Personnel and Damage to Property in Medicare Service

Institutions Act, 2009 (for short 'Act').

2. Heard the learned counsel for the petitioners and

learned High Court Government Pleader for the respondent

No.1-State.

3. Learned counsel for the petitioners submits that

petitioners took the mother of petitioner No.2 to the hospital

belong to the respondent No.2, where the respondent No.2 did

not taken care of the patient, therefore, there was a verbal

quarrel between them, hence, a false complaint has been filed,

which is under challenge.

4. The learned counsel for the petitioners submits the

offence is non cognizable offence. The informant not

approached the permission of the Magistrate and the trial Court

also not properly applied the mind while permitting the police

CRL.P No. 2883 of 2023

to investigate the matter. There is violation of Section 155 of

Cr.P.C. Hence, prayed for quashing the same.

5. Per contra, learned High Court Government Pleader

objected the same and contended that the trial Court has

applied the mind and permitted the police to investigate the

matter. Hence, prayed for dismissing the petition.

6. Having heard the arguments and on perusal of the

records, which reveals, of course, the alleged offence is non

cognizable offence, where as per the judgment of this Court in

the case of Vaggeppa Gurulinga Jangaligi (Jangalagi) vs.

The State of Karnataka, Through PSI, Kagwad Police

Station, Belagavi reported in ILR 2020 KAR 630, the

informant shall approach the Magistrate and obtain the

permission under Section 155(2) of Cr.P.C., where the Police

though received the complaint and registered NCR but the

constable went to the Magistrate and obtained the permission

but not by the informant. Therefore, there is a gross violation

of provision under Sections 155(1) and 155(2) of Cr.P.C. The

trial Court also not applied mind and permitted to register the

FIR without mentioning the gist of the complaint by opening the

CRL.P No. 2883 of 2023

order sheet as per the guidelines issued by the Co-ordinate

Bench of this Court. Therefore, the criminal proceedings against

the petitioner is not sustainable and hence, liable to be

quashed.

7. Accordingly, the petition is allowed.

The criminal proceedings against the petitioners-accused

Nos.1 and 2 in C.C.No.279/2022, pending on the file of

Principal Civil Judge and Judicial Magistrate First Class, Hiriyur,

Chitradurga District is hereby quashed.

8. In view of disposal of the main petition, pending

I.A.No.1/2023 does not survive for consideration and the same

is disposed of.

Sd/-

JUDGE

GBB