Karnataka High Court
Sri.Virupakshappa S/O ... vs The State Of Karnataka on 26 July, 2023
Bench: V.Srishananda
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NC: 2023:KHC-D:7779
CRL.P No. 100500 of 2020
C/W CRL.P No. 100502 of 2020
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 26TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
CRIMINAL PETITION NO. 100500 OF 2020
C/W
CRIMINAL PETITION NO. 100502 OF 2020
IN CRIMINAL PETITION NO.100500/2020
BETWEEN:
SRI. VIRUPAKSHAPPA
S/O. DEVENDRAPPA SINGANAL,
AGE: 54 YEARS, OCC: POLITICIAN,
R/O: BANNIGIDA CAMP, GANGAVATHI,
DIST: KOPPAL.
...PETITIONER
(BY SRI. PRAVEEN KUMAR G., ADVOCATE FOR
SRI. ANAND R. KOLLI, ADVOCATE)
CHANDRASHEKAR
LAXMAN AND:
KATTIMANI
1. THE STATE OF KARNATAKA,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
Digitally signed by HIGH COURT OF KARNATAKA,
CHANDRASHEKAR
LAXMAN DHARWAD, THROUGH KOPPAL TOWN POLICE
KATTIMANI STATION, KOPPAL.
Date: 2023.07.28
12:13:11 -0700 2. MUDAKAPPA ANANDAPPA PRABHANNAVAR,
AGE: 44 YEARS, OCC: ASSISTANT DIRECTOR,
RURAL AND TOWN PLANNING DEPARTMENT,
KOPPAL.
...RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1;
NOTICE TO R2 SERVED)
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CRL.P No. 100500 of 2020
C/W CRL.P No. 100502 of 2020
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C., PRAYING TO QUASH THE IMPUGNED ORDER
DATED 19.11.2019 OF TAKING COGNIZANCE FOR AN OFFENCE
PUNISHABLE U/SEC.14 OF CHILD LABOUR AMENDMENT ACT
PASSED BY THE SENIOR CIVIL JUDGE AND CJM KOPPAL AND
THEREBY CONSEQUENTLY QUASH THE ENTIRE PROCEEDINGS
IN CRIME NO.57/2019 (CC NO.366/2019) FOR AN OFFENCE
PUNISHABLE U/SEC.14 OF CHILD LABOUR (PROHIBITION
REGULATION) AMENDED ACT, 2016 AND SECTION 188 OF IPC
REGISTERED BY THE TOWN POLICE STATION KOPPAL AND THE
SAME IS PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND
CJM KOPPAL.
IN CRIMINAL PETITION NO.100502/2020
BETWEEN:
SRI. VIRUPAKSHAPPA
S/O. DEVENDRAPPA SINGANAL,
AGE: 52 YEARS, OCC: POLITICIAN,
R/O: BANNIGIDA CAMP, GANGAVATHI,
DIST: KOPPAL.
...PETITIONER
(BY SRI. PRAVEEN KUMAR G., ADVOCATE FOR;
SRI. ANAND R KOLLI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD, THROUGH KOPPAL POLICE STATION,
KOPPAL-580011.
2. NATARAJ N.M.
S/O. SHARANNAYYA NEELAGUNDMATH
AGE: 40 YEARS, OCC: ASSISTANT DIRECTOR
GRADE-I, DEPARTMENT OF SOCIAL WELFARE,
KOPPAL -583231.
...RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1;
NOTICE TO R2 SERVED)
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CRL.P No. 100500 of 2020
C/W CRL.P No. 100502 of 2020
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C., PRAYING TO QUASH THE IMPUGNED ORDER
DATED 20.12.2019 OF TAKING COGNIZANCE FOR AN OFFENCE
PUNISHABLE U/SEC.188 OF IPC AND U/SEC.130 OF AND
REPRESENTATION OF PEOPLE ACT, 1950, 1951 AND 1989
PASSED BY THE SENIOR CIVIL JUDGE AND CJM KOPPAL AND
THEREBY CONSEQUENTLY QUASH THE ENTIRE PROCEEDINGS
IN CRIME NO.68/2019 (CC NO.392/2019) FOR AN OFFENCE
PUNISHABLE U/SEC.188 OF IPC AND U/SEC.130 OF AND
REPRESENTATION OF PEOPLE ACT, 1950, 1951 AND 1989
REGISTERED BY THE TOWN POLICE STATION KOPPAL AND THE
SAME IS PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND
CJM KOPPAL.
THESE PETITIONS, COMING ON FOR ADMISSION, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri.Praveen Kumar G., learned counsel for the
petitioner and learned High Court Government Pleader for
respondent - State.
2. These petitions are filed under Section 482 of
Cr.P.C. with the following prayers:
"In Crl.P.No.100500/2020
To quash the impugned order dated 19.11.2019 of
taking cognizance for an offence punishable
U/sec.14 of Child Labour Amendment Act passed by
the Senior Civil Judge and CJM Koppal and thereby
consequently quash the entire proceedings in Crime
No.57/2019 (CC No.366/2019) for an offence
punishable U/sec.14 of Child Labour (Prohibition
Regulation) Amended Act, 2016 and Section 188 of
IPC registered by the Town Police Station Koppal
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CRL.P No. 100500 of 2020
C/W CRL.P No. 100502 of 2020
and the same is pending on the file of Senior Civil
Judge and CJM Koppal.
In Crl.P.No.100502/2020
To quash the impugned order dated 20.12.2019 of
taking cognizance for an offence punishable
U/sec.188 of IPC and U/sec.130 of and
Representation of People Act, 1950, 1951 and 1989
passed by the Senior Civil Judge and CJM Koppal
and thereby consequently quash the entire
proceedings in Crime No.68/2019 (CC No.392/2019)
for an offence punishable U/sec.188 of IPC and
U/sec.130 of and Representation of People Act,
1950, 1951 and 1989 registered by the Town Police
Station Koppal and the same is pending on the file
of Senior Civil Judge and CJM Koppal."
3. Brief facts of the case are as under:
Upon complaint lodged by the Assistant Director,
Town and Rural Planning Department who was the
Member of Flying Squad entrusted with the responsibility
of detecting the violation of Code of Conduct in respect of
parliamentary elections held in the year 2019, was on the
patrolling duty. He noticed that school children have been
used for the procession wherein a head cap with initials
'BJP' (Bharatiya Janata Party) and giving the flags in the
hands of the children of Bharatiya Janata Party, a national
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political party. Immediately he lodged a report with
Station House Officer of Town Police, Koppal. Based on the
said report, a case came to be registered in Crime
No.57/2019 for the offence punishable under Section 14 of
Child Labour (Prohibition and Regulation) Amendment Act,
2016. Police after registering the case, had filed charge
sheet against the petitioner herein. The same is called in
question by the petitioner in this petition. .
4. Reiterating the grounds urged in the petition,
learned counsel for the petitioner contended that the said
offence is non-cognizable and therefore there was no
compliance of Section 155(2) and charge sheet filed by the
police without complying the provisions of Section 155(2)
of Cr.P.C. is thus vitiated and sought for quashing the
same.
5. In support of his argument, he relied on the
judgment of Co-ordinate Bench of this Court reported in
ILR 2020 KAR 630 in the case of Vaggeppa Gurulinga
Jangaligi vs. The State Of Karnataka.
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6. Learned High Court Government Pleader
justifies the action on the part of the respondent police.
7. Second respondent though served with notice,
has remained absent.
8. Taking note of the fact that the offences alleged
against the petitioner herein are non-cognizable and no
compliance under Section 155(2) of Cr.P.C. has been
made by the police before registering the case or before
investigation of the matter in proper manner, the same
has resulted in vitiating the entire proceedings and filing of
charge sheet.
9. Insofar as remaining offence is concerned,
there is no material collected by the investigation officer
which would prima facie establish that there was in fact
child labour involved. Accordingly, a case is made out for
quashing of pending criminal case.
10. Hence, following order is passed:
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C/W CRL.P No. 100502 of 2020
ORDER
Criminal petitions are allowed.
Pending criminal proceedings in C.C.No.366/2019
(Crime No.57/2019) on the file of Senior Civil Judge and
CJM, Koppal and pending criminal proceedings in
C.C.No.392/2019 (Crime No.68/2019) on the file of Senior
Civil Judge and CJM, Koppal are hereby quashed.
Sd/-
JUDGE
SH
