Karnataka High Court
Smt. Shamim Sulthana vs State By Tavarekere Ps on 18 April, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
-1-
NC: 2024:KHC:15459
WP No. 67 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
WRIT PETITION NO. 67 OF 2024 (GM-RES)
BETWEEN:
1. SMT. SHAMIM SULTHANA
AGED ABOUT 45 YEASR
W/O SRI P.S. AYUB
@ BOMMANAHALLI BABU
R/AT NO.T-3, MARIYAMMA
APARTMENTS, FRAZER TOWN
BANGALORE - 560 005.
2. ARBIN TAJ AYUB
D/O. P.S. AYUB
@ BOMMANAHALLI BABU
AGED ABOUT 24 YEARS
R/AT NO. T-3, MARIYAMMA
APARTMENTS, FRAZER TOWN
BANGALORE - 560 005.
3. SMT. URMILA SATYANARAYANA
Digitally W/O MR. SRINIVASA
signed by
PAVITHRA N AGED ABOUT 37 YEARS
Location: R/AT FLAT A1, HITECH TIRUMALA
High Court APARTMENTS, BASAVESHWARA LAYOUT
of Karnataka
BANGALORE NORTH
BANGALORE - 560 094.
...PETITIONERS
(BY SRI MOHAMMED TAHIR, ADV.)
AND:
1. STATE BY TAVAREKERE PS
REPRESENTED BY STATE
PUBLIC PROSECUTOR
OFFICE AT HIGH COURT COMPLEX
OPP TO VIDHANA SOUDHA
BANGALORE - 560 001.
-2-
NC: 2024:KHC:15459
WP No. 67 of 2024
2. RUDRAMMA
W/O. LATE CHIKKARANGAIAH
AGED ABOUT 60 YEARS
R/AT GIDADAPALYA
TAVAREKERE HOBLI
BANGALORE - 572 123.
...RESPONDENTS
(BY SMT. K.P. YASHODHA, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE CHARGE SHEET
DATED 27/11/2018 PRESENT AT ANNEXURE-C, WHICH IS
REGISTERED AS CC NO. 933/2018 ARISING OUT OF CRIME NO.
271/2018 U/S 392, 413 OF IPC FILED BY THE RESPONDENT
TAVAREKERE POLICE AND THE SAME IS PENDING IN THE FILES OF
HONBLE II ADDL. CIVIL JUDGE AND JMFC MAGADI, WHEREIN THE
PETITIONERS ARE ARRAIGNED AS ACCUSED NO. 3 TO 5.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. Accused Nos.3, 4 and 5 in CC No.933/2018 pending
on the file of II Addl. Civil Judge and JMFC, Magadi, arising out
of Crime No.271/2018 registered by Tavarekere Police Station,
Ramanagara, are before this Court under Articles 226 and 227
of the Constitution of India read with Section 482 of Cr.P.C.
seeking for the following reliefs:-
"1. To quash the Charge Sheet dated
27/1/2018 present at Annexure C, which is
registered as CC No.933/2018 arising out of Crime
No.271/2018 U/s 392, and 413 of IPC filed by the
Respondent Tavarekere Police and the same is
pending in the files of HON'BLE II ADDL. CIVIL
NC: 2024:KHC:15459
JUDGE AND JMFC MAGADI, wherein the Petitioners
are arraigned as Accused No.3 to 5, in the interest
of justice and equity.
"2. To quash the congnizance order dated
09/07/2020 present at Annexure D, passed by
HON'BLE II ADDL. CIVIL JUDGE AND JMFC
MAGADE, in CC No.933/2018 arising out of Crime
No.271/2018 U/s 413 of IPC filed by the
Respondent Tavarekere Police, wherein the
Petitioners are arraigned as Accused No3 to 5, in
the interest of justice and equity."
2. Learned counsel for the petitioners submits that
charge sheet has been filed against the petitioners herein for
the offences punishable under Sections 392 and 413 of IPC.
The company of which the petitioners are Directors is not
arraigned as accused and therefore, there is no compliance of
Section 305 of Cr.P.C. He has placed reliance on the judgment
of the Hon'ble Apex Court in the case of Aneeta Hada vs.
Godfather Travels and Tours Private Limited - (2008) 13
SCC 703 in support of his arguments. He submits that
continuation of the criminal proceedings as against the
petitioners is an abuse of process of law.
NC: 2024:KHC:15459
3. Per contra, learned HCGP has opposed the petition.
She submits that the petitioners had earlier approached this
Court raising the aforesaid grounds amongst other grounds in
W.P.Nos.25696-698/2019. This Court has entertained the said
writ petition only on the ground that cognizance of the alleged
offences stated in the charge sheet was taken in a printed
format. The learned Magistrate has now taken cognizance of
the charge sheeted offences in a proper manner. She,
therefore, prays to dismiss the petition.
4. The material on record would go to show that
charge sheet has been filed as against petitioners herein for the
offence punishable under Sections 392 and 413 of IPC.
Petitioners had earlier approached this Court in
W.P.Nos.25696-698/2019 raising all the ground urged in this
petition in support of their prayer to quash the proceedings in
CC No.933/2018. This Court has allowed the said writ petition
only on the ground that the learned Magistrate had taken
cognizance of the charge sheeted offences in a printed format
and the matter was remitted to the Court of Magistrate for
reconsideration in accordance with law. The learned Magistrate
thereafter has taken cognizance of the charge sheeted offences
NC: 2024:KHC:15459
in accordance with law. Learned counsel for the petitioners has
failed to point out any illegality or irregularity in the order
passed by the Trial Court taking cognizance of the charge
sheeted offences. The grounds urged in the present petition
were raised by the petitioners in the earlier writ petition.
However, the co-ordinate Bench of this Court had entertained
the said writ petition only on a technical ground that the
learned Magistrate had taken cognizance of the charge sheeted
offences in a printed format and thereby impliedly the other
grounds raised in favour of the prayer made in the earlier writ
petition stood rejected. Therefore, it is not open for the
petitioners to raise the very same grounds once again in the
present petition in support of their prayer to quash the entire
proceedings in CC No.933/2018. Therefore, I do not find any
good ground to entertain this petition. Accordingly, the petition
is dismissed.
Sd/-
JUDGE
DN
