Anand S/O Yamanappa Desai vs State Of Karnataka
2024 Latest Caselaw 4363 Kant

Karnataka High Court

Anand S/O Yamanappa Desai vs State Of Karnataka on 13 February, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

                                                  -1-
                                                         NC: 2024:KHC-D:3213
                                                         CRL.P No. 101178 of 2020




                             IN THE HIGH COURT OF KARNATAKA,
                                     DHARWAD BENCH

                        DATED THIS THE 13TH DAY OF FEBRUARY, 2024

                                                BEFORE

                        THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA

                          CRIMINAL PETITION NO. 101178 OF 2020

                   BETWEEN:

                        ANAND S/O YAMANAPPA DESAI,
                        AGE. 29 YEARS, OCC. VILLAGE ACCOUNTANT,
                        DEVAGIRI, R/O. HAVERI.
                                                                     ... PETITIONER
                   (BY SRI. ARAVIND D. KULKARNI, ADVOCATE)

                   AND:

                   1.   STATE OF KARNATAKA,
                        THROUGH POLICE SUB-INSPECTOR,
                        HAVERI RURAL POLICE STATION,
                        REP. BY STATE PUBLIC PROSECUTOR,
                        HIGH COURT OF KARNATAKA,
                        DHARWAD BENCH.
MANJANNA
E
                   2.   ADDITIONAL DEPUTY COMMISSIONER,
Digitally signed
by MANJANNA E
                        OFFICE OF THE DEPUTY COMMISSIONER,
Date: 2024.02.15
11:49:19 +0530          TQ AND DIST HAVERI, HAVERI-581110.
                                                                   ... RESPONDENTS
                   (BY SRI. P.N. HATTI, HCGP)

                         THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
                   SEEKING TO QUASH THE COMPLAINT FILED BY THE RESPONDENT
                   NO.2 AND FIR REGISTERED BY THE RESPONDENT NO.1 POLICE IN
                   THEIR CRIME NO.27/2020 OF HAVERI RURAL P.S. FOR THE
                   OFFENCES PUNISHABLE UNDER SECTION 406, 408, 409, 465, 420
                   OF IPC AND CONSEQUENTLY TO QUASH ALL THE FURTHER
                   PROCEEDINGS PURSUANT TO THE ABOVE SAID FIR, IN SO FAR AS
                   PETITIONER/ACCUSED NO.2 IS CONCERNED, PENDING ON THE FILE
                   OF PRL. CIVIL JUDGE AND JMFC COURT, HAVERI.
                               -2-
                                    NC: 2024:KHC-D:3213
                                    CRL.P No. 101178 of 2020




    THIS PETITION, COMING ON FOR admission, THIS DAY, THE
COURT MADE THE FOLLOWING:

                          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

NC: 2024:KHC-D:3213

proceedings would therefore stand vitiated. Accordingly,

the criminal petition is allowed and consequently the

proceedings initiated against the petitioner are quashed.

Sd/-

JUDGE

Vnp*