Shri Ankush S/O Shivaji ... vs The State Of Karnataka
2023 Latest Caselaw 5482 Kant

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                                                             NC: 2023:KHC-D:8733
                                                             CRL.P No. 101827 of 2022




                                   IN THE HIGH COURT OF KARNATAKA,
                                           DHARWAD BENCH

                               DATED THIS THE 10TH DAY OF AUGUST, 2023

                                                   BEFORE

                               THE HON'BLE MR JUSTICE M.NAGAPRASANNA

                                 CRIMINAL PETITION NO. 101827 OF 2022

                      BETWEEN:

                      SHRI. ANKUSH S/O SHIVAJI BALEKUNDRI,
                      AGE. 25 YEARS, OCC. LABOUR WORK,
                      R/O. KACHARI GALLI, MACHHE VILLAGE,
                      TQ. & DIST. BELAGAVI-590014.
                                                                            ... PETITIONER
                      (BY SRI. SANTOSH.B.RAWOOT, ADVOCATE)

                      AND:

                      1.   THE STATE OF KARNATAKA,
                           THROUGH PSI SHAHAPUR POLICE STATION,
                           BELAGAVI, BY ITS STATE PUBLIC PROSECUTOR
                           HIGH COURT OF BUILDINGS,
                           DHARWAD BENCH DHARWAD.

                      2.   SHRI D.C. LAKKANNAVAR,
VISHAL                     AGED ABOUT 50 YEARS,
NINGAPPA                   OCC. POLICE OFFICER,
PATTIHAL                   R/O. SHAHAPUR POLICE STATION,
                           TQ. & DIST. BELAGAVI-590001.
Digitally signed by                                                      ... RESPONDENTS
VISHAL
NINGAPPA              (BY SRI. V.S. KALASURMATH, HCGP FOR R1;
PATTIHAL               R2 SERVED)
Date: 2023.08.14
11:09:58 +0530
                            THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING
                      TO QUASH THE CHARGE SHEET BY THE RESPONDENT NO.2 IN
                      C.C.NO.639/2017 PENDING ON THE FILE OF JMFC-III COURT BELAGAVI
                      FOR THE OFFENCE PUNISHABLE UNDER SEC. 143, 147, 153A, 427 R/W 149
                      OF IPC AND SECTION 2(A) OF KARNATAKA PREVENTION OF DESTRUCTION
                      AND LOSS OF PROPERTY ACT 1961 AGAINST PETITIONER/ACCUSED NO.6.

                           THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
                      COURT MADE THE FOLLOWING:
                                    -2-
                                          NC: 2023:KHC-D:8733
                                          CRL.P No. 101827 of 2022




                                 ORDER

The petitioner is before this Court calling in question

the proceedings in C.C. No.639/2017 on the file of the

JMFC III Court, Belagavi for the offences punishable under

Sections 143, 147, 153A, 427 read with Section 149 of

IPC.

2. The learned counsel for the petitioner submits

that the issue in the lis stands answered by the judgment

rendered by the Co-ordinate Bench of this Court in Crl.P.

No.102889/2022. The Co-ordinate Bench has held as

follows:

"The police after investigation submitted a charge sheet against the petitioner - accused No.2 and other accused alleging that, on 25.12.2015, the petitioner and other accused unauthorisedly formed Tipu Sultan circle on a public road and thus obstructed the free movement of the traffic. The learned Magistrate after accepting the charge sheet took cognizance for the offences punishable under Sections 143, 147, 153(A), 283 read with Section 149 of IPC. Taking exception to the same, accused No.2 is before this Court.

NC: 2023:KHC-D:8733 CRL.P No. 101827 of 2022

2. The learned counsel appearing for the petitioner submits that the cognizance taken by the learned Magistrate for the offence punishable under Section 153A of IPC is one without authority of law since prior sanction of the Central Government or State Government was not taken.

3. On the other hand, the learned High Court Government Pleader appearing for the State submits that the petitioner and other accused having formed Tipu Sultan circle on a public main road, the learned Magistrate after accepting the charge sheet has rightly taken the cognizance of the aforesaid offences and does not warrant any interference.

4. I have examined the submissions of the learned counsel appearing for the parties.

5. Section 196 of Cr.PC specifies that no court shall take cognizance of any offence punishable under Section 153(A) of IPC except with the prior permission of Central Government or State Government. In the instant case, the learned Magistrate has taken cognizance of the offence punishable under Section 153A of IPC without there being previous sanction of the Central Government or State Government and the same is one without authority of law. In the absence of any essential ingredients so as to constitute the offences punishable under Sections 143, 147, 283 read with Section 149 of IPC, the learned Magistrate has committed an error in taking the cognizance of the aforesaid offences.

NC: 2023:KHC-D:8733 CRL.P No. 101827 of 2022

For the foregoing discussion, I am of the view that the continuation of criminal proceeding against accused No.2 will be an abuse of process of law. Accordingly, I pass the following:

3. The learned HCGP though would seek to refute

the submissions is not in a position to dispute the position

of law as is laid down by the Co-ordinate Bench.

4. Therefore, the petition deserves to succeed on

the same reason so rendered by the Co-ordinate Bench.

5. For the aforesaid reasons, the following:

ORDER

(i) Petition is allowed.

(ii) The entire proceedings in C.C.

                    No.6639/2017,           insofar     as       the

                    petitioner      is     concerned,         stands

                    quashed.




                                              Sd/-
                                             JUDGE
Rsh/Ct:Bck