A Chiranjeevi vs State Of Karnataka
2023 Latest Caselaw 3427 Kant

                           1



        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 16TH DAY OF JUNE, 2023

                          BEFORE

         THE HON'BLE MR. JUSTICE M. NAGAPRASANNA

             CRIMINAL PETITION No.2428 OF 2023

BETWEEN:

A.CHIRANJEEVI
S/O NAGARAJU
AGED ABOUT 33 YEARS,
R/AT PERURU
KALYNADURGA MANDAL
ANANTAPUR
ANDRA PRADESH.
                                              ... PETITIONER
(BY SRI MANJUNATH B. R., ADVOCATE)

AND:

1.   STATE OF KARNATAKA
     BY PAVAGADA POLICE,
     REPRESENTED BY
     STATE PUBLIC PROSECUTOR,
     HIGH COURT OF KARNATAKA,
     BANGALORE - 560 001.

2.   R.MADHUSUDHAN
     SUB-INSPECTOR OF POLICE,
     PAVAGADA POLICE STATION,
     PAVAGADA - 561 202.
                                           ... RESPONDENTS

(BY SRI MAHESH SHETTY, HCGP)
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     THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING THAT THIS HONOURABLE COURT MAY BE
PLEASED    TO   QUASH    THE    ENTIRE  PROCEEDINGS    IN
C.C.NO.69/2018 REGISTERED FOR THE OFFENCE P/U/S.78(3) OF
KARNATAKA POLICE ACT REGISTERED BY PAVAGADA POLICE
PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC
AT PAVAGADA.

     THIS CRIMINAL PETITION HAVING BEEN HEARD AND
RESERVED FOR ORDERS ON 31.05.2023, COMING ON FOR
PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:-


                              ORDER

The petitioner is before this Court calling in question

proceedings in C.C.No.69 of 2018 pending before the Principal Civil

Judge and JMFC at Pavagada arising out of Crime No.284 of 2017

registered for offences punishable under Section 78(3) of the

Karnataka Police Act, 1963 ('the Act' for short).

2. This Court by judgment rendered on 16-06-2023 in Writ

Petition No.6329 of 2020 has considered the entire spectrum of law

and has quashed the proceedings for offences punishable under

Section 78(3) of the Karnataka Police Act, 1963. For the reasons

indicated therein, the subject petition also deserves to be allowed.

Accordingly, the following:

ORDER

(i) Criminal Petition is allowed.

(ii) Impugned proceedings in C.C.No.69 of 2018 pending

before the Principal Civil Judge and JMFC, Pavagada,

Tumkur concerning Crime No.284 of 2017 stand

quashed.

Consequently, I.A.No.1 of 2023 also stands disposed.

Sd/-

JUDGE

bkp CT:SS