Shri Viresh S/O Kotresh Hugar vs The State Of Karnataka
2024 Latest Caselaw 4826 Kant

Karnataka High Court

Shri Viresh S/O Kotresh Hugar vs The State Of Karnataka on 16 February, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

                                                     -1-
                                                            NC: 2024:KHC-D:3737
                                                            CRL.P No. 100524 of 2024




                                IN THE HIGH COURT OF KARNATAKA,
                                        DHARWAD BENCH
                           DATED THIS THE 16TH DAY OF FEBRUARY, 2024
                                                   BEFORE
                           THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA
                             CRIMINAL PETITION NO. 100524 OF 2024
                      BETWEEN:
                      1.   SHRI. VIRESH S/O KOTRESH HUGAR,
                           AGE. 33 YEARS, OCC. VILLAGE ACCOUNTANT BYADAGI,
                           R/O. CHIKKBASUR-581120,
                           TQ. BYADAGI, DIST. HAVERI.

                      2.   SHRI. CHIDANAND
                           S/O RAMAPPA ANAVATTI BOODANOOR,
                           AGE. 40 YEARS, OCC. VILLAGE
                           ADMINISTRATIVE OFFICER HANAGAL,
                           R/O. TILUVALLI VILLAGE-583217,
                           TQ. HANGAL, DIST. HAVERI.
                                                                       ... PETITIONERS
                      (BY SRI. SHRIHARSH A. NEELOPANT, ADVOCATE)

                      AND:
                      1.   THE STATE OF KARNATAKA,
                           R/BY POLICE INSPECTOR,
                           BYADAGI POLICE STATION,
         Digitally
         signed by
         MANJANNA          BYADAGI-581120, TQ. BYADAGI,
MANJANNA E
E        Date:
         2024.02.16        DIST. HAVERI, THROUGH THE
         15:01:12
         +0530
                           STATE PUBLIC PROSECUTOR,
                           HIGH COURT OF KARNATAKA,
                           BENCH AT DHARWAD.
                      2.   THE ADDITIONAL DISTRICT COMMISSIONER,
                           HAVERI DISTRICT, HAVERI-581110,
                           TQ/DIST. HAVERI.
                                                                      ... RESPONDENTS
                      (BY SRI. P.N. HATTI, HCGP)

                           THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
                      SEEKING TO QUASH THE IMPUGNED CRIMINAL PROCEEDINGS IN CC
                      NO.438/2023 (BYADAGI P.S. CRIME NO.26/2020) FOR THE
                      OFFENCES PUNISHABLE U/S 420, 166 OF IPC AND SECTION 66 AND
                               -2-
                                    NC: 2024:KHC-D:3737
                                    CRL.P No. 100524 of 2024




66(c) OF INFORMATION TECHNOLOGY ACT PENDING ON THE FILE OF
PRL.CIVIL JUDGE (JR.DN) AND JMFC, BYADAGI AS PER ANNEXURE-A
AGAINST THE PRESENT PETITIONER/ACCUSED NO.1 AND 2
RESPECTIVELY.

    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 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

NC: 2024:KHC-D:3737

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.

4. Accordingly, the criminal petition is allowed and

consequently the proceedings initiated against the

petitioners are quashed.

Sd/-

JUDGE

VNP*/CT:BCK