Karnataka High Court
Shri Kiran S/O Somappa Kuruvatti vs The State Of Karnataka on 13 February, 2024
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
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NC: 2024:KHC-D:3250
CRL.P No. 100479 of 2024
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.100479 OF 2024
BETWEEN:
1. SHRI. KIRAN
S/O SOMAPPA KURUVATTI,
AGE. 30 YARS,
OCC. VILLAGE ACCOUNTANT,
R/O. OPP. UTP OFFICE,
MAGOD-581115,
TQ. RANEBENNUR,
DIST. HAVERI.
2. SHRI. MALATESH K.,
Digitally
signed by
MANJANNA AGE. 43 YEARS,
MANJANNA E
E Date:
2024.02.14 OCC. VILLAGE ACCOUNTANT,
14:35:08
+0530
R/O. KADENANDIHALLI-577428,
TQ. SHIKARIPUR,
DIST. SHIVAMOGGA.
3. SHRI. BASAVARAJ
S/O SANNAVEERAPPA TIMALAPUR,
AGE. 30 YEARS,
OCC. VILLAGE ACCOUNTANT,
R/O. BELAGUM,
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NC: 2024:KHC-D:3250
CRL.P No. 100479 of 2024
KASABA HOBLI (EAST)-572104,
TQ/DIST. TUMKUR.
... PETITIONERS
(BY SHRI SHRIHARSH A. NEELOPANT, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
R/BY POLICE INSPECTOR,
RATTIHALLI POLICE STATION,
HAVERI-581110,
TQ/DIST. HAVERI,
THROUGH THE STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENCH AT DHARWAD.
2. THE ADDITIONAL DEPUTY COMMISSIONER,
HAVERI DISTRICT, HAVERI-581110,
TQ/DIST. HAVERI.
... RESPONDENTS
(BY SHRI P.N. HATTI, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO QUASH THE IMPUGNED COMPLAINT AND FIR IN
RATTIHALLI P.S. CRIME NO.14/2020 REGISTERED BY THE 1ST
RESPONDENT POLICE FOR THE OFFENCES P/U/SEC. 406, 408,
409, 420, 465 OF IPC AS PER ANNEXURE-A AND B
RESPECTIVELY AGAINST THE PRESENT PETITIONERS PENDING
ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC COURT
HIREKERUR.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC-D:3250
CRL.P No. 100479 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 affected
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.
NC: 2024:KHC-D:3250
4. Accordingly, the criminal petition is allowed and
consequently the proceedings initiated against the
petitioner are quashed.
Sd/-
JUDGE
EM/CT:BCK
