Smt. Sharanavva vs The State Of Karnataka
2024 Latest Caselaw 4246 Kant

Karnataka High Court

Smt. Sharanavva vs The State Of Karnataka on 12 February, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

                                                -1-
                                                       NC: 2024:KHC-D:3110
                                                       CRL.P No. 100330 of 2024




                              IN THE HIGH COURT OF KARNATAKA,
                                       DHARWAD BENCH
                          DATED THIS THE 12TH DAY OF FEBRUARY, 2024
                                              BEFORE
                          THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA
                        CRIMINAL PETITION NO.100330 OF 2024 (482-)

                   BETWEEN:

                   SMT. SHARANAVVA
                   AGE: 41 YEARS, OCC. TAHASILDAR
                   HOOVINA HADAGALI TALUK,
                   R/O. HOOVINA HADAGALI-583219
                   TQ: HOOVINA HADAGALI,
                   DIST. VIJAYANGAR
                                                                   ...PETITIONER
                   (BY SRI SHRIHARSH A NEELOPANT, ADVOCATE)

                   AND:

                   1.   THE STATE OF KARNATAKA
                        REP BY POLICE INSPECTOR
                        BYADAGI POLIC STATION
                        BYADAGI-581106, TQ./DIST. HAVERI,
                        THROUGH THE STATE PUBLIC PROSECUTOR,
                        HIGH COURT OF KARNATAKA BENCH AT DHARWAD.

MANJANNA
E                  2.   THE ADDITIONAL DEPUTY COMMISSIONER
Digitally signed        HAVERI DISTRICT, HAVERI-581110
by MANJANNA E
Date: 2024.02.13
14:29:03 +0530
                        TQ.DIST. HAVERI.
                                                                 ...RESPONDENTS
                   (BY SRI P.N.HATTI, HCGP)

                        THIS CRIMINAL PETITION IS FILED U/SEC.482 OF CR.P.C.
                   SEEKING TO QUASH THE IMPUGNED COMPLAINT AND FIR IN
                   BYADAGI P.S. CRIME NO.0026/2020 REGISTERED BY THE 1ST
                   RESPONDENT POLICE FOR THE OFFENCES P/U/SECS.406, 408, 409,
                   420, 465 OF IPC AS PER ANNEXURE-A AND B RESPECTIVELY
                   AGAINST THE PRESENT PETITIONER/ACCUSED NO.1.

                       THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
                   COURT MADE THE FOLLOWING:
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                                    NC: 2024:KHC-D:3110
                                    CRL.P No. 100330 of 2024




                          ORDER

1. In the Crl.P.No.102196/2023 and connected

matters this Court while dealing with more or less an

identical complaint had quashed the proceedings on the

ground that the complaint did not indicate that the

petitioners therein had misappropriated any sums which

was meant for payment to the persons who were effected

by the floods.

2. It was also noticed therein that the

complainant, fundamentally requested the police inspector

to conduct enquiry and that by itself indicated that the

complainant was not making any specific averments of any

crime may be committed by the petitioners.

3. In the light of the above said judgment, since in

the impugned proceedings also, the complaint is more or

less of the same nature is not verbatim similar, the

principles laid down in the said decision will apply and the

proceedings would therefore stand vitiated. Accordingly,

NC: 2024:KHC-D:3110

the criminal petition is allowed and consequently the

proceedings initiated against the petitioner are quashed.

Sd/-

JUDGE EM