Karnataka High Court
Rajendra S/O Gautam Bailur vs State Of Karnataka on 15 February, 2024
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2024:KHC-D:3602
CRL.RP No. 100028 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 15TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
CRIMINAL REVISION PETITION NO. 100028 OF 2024 (397)
BETWEEN:
RAJENDRA S/O GAUTAM BAILUR
AGE: 28 YEARS, OCC: BUSINESS,
R/O. HOUSE NO.1930,
DANEGALI, SHAHAPUR,
SHAHAPUR, BELAGAVI-590006.
...PETITIONER
(BY SRI RAM . P. GHORPADE, ADVOCATE)
AND:
1. STATE OF KARNATAKA
THROUGH DCP (LAW AND ORDER) BELAGAVI
BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, AT DHARWAD-11.
ANNAPURNA 2. THE POLICE INSPECTOR,
CHINNAPPA CAMP POLICE STATION,
DANDAGAL
BELAGAVI-590001.
Digitally signed by
ANNAPURNA
CHINNAPPA
DANDAGAL 3. THE DEPUTY COMMISSIONER OF POLICE
Date: 2024.02.19
14:50:17 +0530 BELAGAVI-590001.
...RESPONDENTS
(HCGP FOR RESPONDENTS)
THIS CRIMINAL REVISION PETITION IS FILED U/S 397 R/W
401 OF CR.P.C., SEEKING TO CALL FOR THE RELEVANT RECORDS
AND ALLOW THIS CRIMINAL REVISION PETITION BY SETTING ASIDE
THE JUDGMENT ORDER DATED 28.04.2023, PASSED BY DEPUTY
COMMISSIONER OF POLICE (LAW AND ORDER) AND SPECIAL
EXECUTIVE MAGISTRATE BELAGAVI, IN MAG/CR P.C./265/COP/2023.
AGAINST THE PETITIONER/ACCUSED FOR THE ALLEGED OFFENCES
P/U/SEC. 107 OF CR.P.C.
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NC: 2024:KHC-D:3602
CRL.RP No. 100028 of 2024
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
This criminal revision petition under Section 397 read
with Section 401 of the Criminal Procedure Code (for
short, 'the Cr.P.C') is filed by the petitioner assailing the
order dated 28.04.2023 passed by the Deputy
Commissioner of Police (Law and Order) and Special
Executive Magistrate, Belagavi, in the proceedings bearing
No.MAG/CRP.C./265/COP/2023 in exercise of his powers
under Section 111 of the Cr.P.C.
2. Heard the learned counsel for the parties.
3. On the report of the Assistant Sub Inspector of
Police, Camp Police Station, Belagavi, the District
Executive Magistrate, Belagavi, had initiated proceedings
against the petitioner in exercise of his powers under
Section 111 of the Cr.P.C and had passed an order
directing the petitioner to furnish a bond for a sum of
Rs.50,000/- with two sureties for the likesum, undertaking
to maintain good behavior for a period of one year. Being
aggrieved by the same, the petitioner is before this Court.
NC: 2024:KHC-D:3602
4. Learned counsel for the petitioner submits that
the order impugned is passed is violation of principles of
natural justice. Therefore, same cannot be sustained.
5. Learned High Court Government Pleader has
supported the order impugned and she submits that the
petitioner is rowdy sheeter and therefore, no interference
as against the order impugned is called for.
6. From perusal of the material on record, it is
seen that on receipt of report of the jurisdictional Police
Station, the District Executive Magistrate, Belagavi, after
being satisfied that it is fit case to exercise his powers
under Section 111 of the Cr.P.C. has passed the order
impugned on the very same day itself. The order sheet
maintained in the proceedings which is placed on record
would go to show that on 28.04.2023 itself, the District
Executive Magistrate, Belagavi, has passed six separate
orders. Notice was allegedly issued to the petitioner, he
was heard in the matter and also order impugned was
passed on the same day. Therefore, it is evident that the
order impugned has been passed by the Deputy
NC: 2024:KHC-D:3602
Commissioner of Police (Law and Order) and the Special
Executive Magistrate, Belagavi, in utter violation of
principles of natural justice and same cannot be sustained
in law. Accordingly, the following:
ORDER
a) The criminal revision petition is allowed.
b) The order dated 28.04.2023 passed by Deputy
Commissioner of Police (Law and Order) and the
Special Executive Magistrate, Belagavi, in
proceedings bearing No.MAG/CRP.C./265/COP/2023,
is quashed. However, this order will not come in the
way of the Competent Authority to pass appropriate
orders in accordance with law against the petitioner.
Sd/-
JUDGE
AC
CT:GSM
