Ramesh S/O Shivappa Hosamani vs The State Of Karnataka
2024 Latest Caselaw 5274 Kant

Karnataka High Court

Ramesh S/O Shivappa Hosamani vs The State Of Karnataka on 21 February, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

                                                  -1-
                                                         NC: 2024:KHC-D:4148
                                                         CRL.P No. 100637 of 2024




                             IN THE HIGH COURT OF KARNATAKA,
                                     DHARWAD BENCH
                        DATED THIS THE 21ST DAY OF FEBRUARY, 2024
                                                BEFORE
                        THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA
                          CRIMINAL PETITION NO. 100637 OF 2024
                   BETWEEN:
                   RAMESH S/O SHIVAPPA HOSAMANI,
                   AGE. 38 YEARS, OCC. AGRICULTURE,
                   R/O. VANAHALLI-581119, TQ. SHIGGAON,
                   DIST. HAVERI.
                                                                     ... PETITIONER
                   (BY SRI. CHETAN MUNNOLI, ADVOCATE)

                   AND:

                   1.   THE STATE OF KARNATAKA,
                        BY STATE PUBLIC PROSECUTOR,
                        HIGH COURT OF KARNATAKA,
                        DHARWAD BENCH, AT DHARWAD,
                        THROUGH SAVANUR POLICE STATION,
                        HAVERI.

                   2.   THE ASSISTANT COMMISSIONER,
MANJANNA                SAVANUR SUB -DIVISION,
E
                        SAVANUR-581118, TQ. SAVANUR,
Digitally signed
by MANJANNA E
                        DIST. HAVERI.
Date: 2024.02.22
14:22:16 +0530                                                     ... RESPONDENTS
                   (BY SRI. P.N. HATTI, HCGP)

                         THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
                   SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN CC NO.349/2023
                   (SAVANUR PS CRIME NO.29/2020) ON THE FILE OF THE CIVIL
                   JUDGE AND JMFC, SAVANUR REGISTERED FOR THE OFFENCES
                   PUNISHABLE U/S 409, 420 OF IPC AND SECTION 66 AND 66(C) OF
                   INFORMATION TECHNOLOGY ACT VIDE ANEXURE-A IN RESPECT OF
                   PETITIONER/ACCUSED NO.4.

                       THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
                   COURT MADE THE FOLLOWING:
                               -2-
                                    NC: 2024:KHC-D:4148
                                    CRL.P No. 100637 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 petitioner.

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:4148

4. Accordingly, the criminal petition is allowed and

consequently the proceedings initiated against the

petitioner are quashed.

Sd/-

JUDGE

VNP*/CT:BCK