Rajendra S/O Fakkirappa Durgappanavar vs State Of Karnataka
2024 Latest Caselaw 5275 Kant

Karnataka High Court

Rajendra S/O Fakkirappa Durgappanavar vs State Of Karnataka on 21 February, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

                                                   -1-
                                                         NC: 2024:KHC-D:4172
                                                         CRL.P No. 100646 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.100646 OF 2024

                      BETWEEN:

                      1.   RAJENDRA
                           S/O FAKKIRAPPA DURGAPPANAVAR,
                           AGE. 54 YEARS,
                           OCC. VILLAGE ASSISTANT,
                           R/O. ADUR VILLAGE,
                           TQ. HANAGAL,
                           DIST. HAVERI.

                      2.   NAGARAJ
                           S/O BASAVANNEPPA BARKI,
                           AGE. 53 YEARS,
                           OCC. VILLAGE ASSISTANT,
                           R/O. GADIYANKANAHALLI VILLAGE,
         Digitally
                           TQ. HANAGAL, DIST. HAVERI.
         signed by
         MANJANNA
MANJANNA E
E        Date:
         2024.02.22
         14:22:27
         +0530
                      3.   GUTTEPPA
                           S/O SOMAPPA WALIKAR,
                           AGE. 35 YEARS,
                           OCC. VILLAGE ASSISTANT,
                           R/O. HASANABADI VILLAGE,
                           TQ. HANAGAL,
                           DIST. HAVERI.

                      4.   BASAVARAJ
                           S/O SAHADEVAPPA TALAWAR,
                           AGE. 40 YEARS,
                           OCC. VILLAGE ASSISTANT,
                           R/O. KODIYALLAPUR VILLAGE,
                           TQ. HANAGAL,
                                -2-
                                     NC: 2024:KHC-D:4172
                                     CRL.P No. 100646 of 2024




     DIST. HAVERI.

5.   RAMESH
     S/O FAKKIRAPPA WALIKAR,
     AGE. 42 YEARS,
     OCC. VILLAGE ASSISTANT,
     R/O. MOVAKOPPA VILLAGE,
     TQ. HANAGAL,
     DIST. HAVERI.
                                                ... PETITIONERS
(BY SRI ABHINANDAN M. GUNDAWADE, ADVOCATE)

AND:

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

2.   ANNAPOORNA N. MUDAKAMMANAVAR,
     AGE. MAJOR,
     OCC. ASSISTANT COMMISSIONER,
     R/O. A.C. OFFICE, SAVANUR,
     DIST. HAVERI.
                                               ... RESPONDENTS
(BY SRI P.N. HATTI, HCGP)

       THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO PASS AN ORDER TO QUASH THE ENTIRE PROCEEDINGS
AGAINST PETITIONERS/ACCUSED NO.9 TO 13, IN CC NO.599/2023,
PENDING ON THE FILE OF PRL.SENIOR CIVIL JUDGE AND JMFC
COURT, HANAGAL, FOR THE ALLEGED OFFENCES U/S 409, 420, 166
OF IPC AND U/S 66 AND 66(c) OF INFORMATION TECHNOLOGY ACT.


       THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
                               -3-
                                    NC: 2024:KHC-D:4172
                                    CRL.P No. 100646 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:4172

4. Accordingly, the criminal petition is allowed and

consequently the proceedings initiated against the

petitioners are quashed.

Sd/-

JUDGE EM/CT:BCK