Shri Chandrashekhar S/O Shambanna Gali vs The State Of Karnataka
2024 Latest Caselaw 4247 Kant

Karnataka High Court

Shri Chandrashekhar S/O Shambanna Gali vs The State Of Karnataka on 12 February, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

                                                     -1-
                                                            NC: 2024:KHC-D:3177
                                                            CRL.P No. 100430 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.100430 OF 2024
                      BETWEEN:
                      SHRI. CHANDRASHEKHAR S/O SHAMBANNA GALI,
                      AGE. 42 YEARS, OCC. TAHSILDAR,
                      HAGARIBOMMANAHALLI,
                      R/O AT POST ARALESHWARA-581104,
                      TQ. HANGAL, DIST. HAVERI.
                                                                        ... PETITIONER
                      (BY    SHRI. SHRIHARSH A. NEELOPANT, ADVOCATE)

                      AND:

                      1.    THE STATE OF KARNATAKA,
                            R/BY POLICE INSPECTOR,
                            SHIGGAON POLICE STATION,
                            SHIGGAON-581205,
                            TQ. SAVANUR, DIST. HAVERI,
                            THROUGH THE STATE PUBLIC PROSECUTOR,
                            HIGH COURT OF KARNATAKA,
                            BENCH AT DHARWAD.

         Digitally
         signed by    2.    THE ASSISTANT COMMISSIONER,
         MANJANNA
MANJANNA E
E        Date:              SAVANUR SUB DIVISION,
         2024.02.13
         14:29:12
         +0530              AT SAVANUR-581118,
                            TQ. SAVANUR, DIST. HAVERI.
                                                                      ... RESPONDENTS
                      (BY SHRI. P.N. HATT, HCGP)

                           THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
                      SEEKING TO QUASH THE IMPUGNED COMPLAINT AND FIR IN
                      SHIGGAON P.S. CRIME NO.22/2020 REGISTERED BY THE 1ST
                      RESPONDENT POLICE FOR THE OFFENCES PUNISHABLE U/S 406,
                      408, 409, 420, 468 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:
                               -2-
                                    NC: 2024:KHC-D:3177
                                    CRL.P No. 100430 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:3177

the criminal petition is allowed and consequently the

proceedings initiated against the petitioner are quashed.

Sd/-

JUDGE

EM/CT:BCK