Shri Basavaraj S/O Appasab Hunur vs The State Of Karnataka
2024 Latest Caselaw 4991 Kant

Karnataka High Court

Shri Basavaraj S/O Appasab Hunur vs The State Of Karnataka on 19 February, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

                                                     -1-
                                                            NC: 2024:KHC-D:3884
                                                            CRL.P No. 100543 of 2024




                                IN THE HIGH COURT OF KARNATAKA,
                                        DHARWAD BENCH

                           DATED THIS THE 19TH DAY OF FEBRUARY, 2024
                                                   BEFORE
                           THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA

                             CRIMINAL PETITION NO. 100543 OF 2024

                      BETWEEN:
                           SHRI BASAVARAJ S/O APPASAB HUNUR
                           AGE 25 YEARS, OCC VILLAGE ACCOUNTANT
                           R/O OFFICE OF TAHASILDAR, RANEBENNUR,
                           PRESENTLY TAHASILDAR OFFICE
                           ATHANI-591304, TQ ATHANI, DIST BELAGAVI.
                                                                        ...PETITIONER
                      (BY SRI. SHRIHARSH A NEELOPANT, ADVOCATE)

                      AND:
                      1.   THE STATE OF KARNATAKA
                           REP BY POLICE INSPECTOR
                           RANEBENNUR RURAL POLICE STATION
                           HAVERI 581110, TQ/DIST HAVERI.
                           THROUGH THE STATE PUBLIC PROSECUTOR
                           HIGH COURT OF KARNATAKA
         Digitally
                           BENCH AT DHARWAD.
         signed by
         MANJANNA
MANJANNA E
E        Date:
         2024.02.20
         12:02:12
                      2.   THE ADDITIONAL DEPUTY COMMISSIONER
         +0530

                           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 COMPLAINT AND FIR IN
                      RANEBENNUR RURAL P.S. CRIME NO.0048/2020 REGISTERED BY
                      THE 1ST RESPONDENT POLICE FOR THE OFFENCES PUNISHABLE U/S
                      406, 408, 409, 420, 465 OF IPC ON THE FILE OF PRL.SENIOR CIVIL
                      JUDGE (JR.DN) AND JMFC, RANEBENNUR, AS PER ANNEXURE-A AND
                      B RESPECTIVELY AGAINST THE PRESENT PETITIONER/ACCUSED
                      NO.5 & ETC.,
                               -2-
                                    NC: 2024:KHC-D:3884
                                    CRL.P No. 100543 of 2024




    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

less of the same nature is not verbatim similar, the

NC: 2024:KHC-D:3884

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