Arjun S/O Parappa Halagigoudar vs The State Of Karnataka
2024 Latest Caselaw 5627 Kant

Karnataka High Court

Arjun S/O Parappa Halagigoudar vs The State Of Karnataka on 22 February, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

                                                     -1-
                                                            NC: 2024:KHC-D:4343
                                                            CRL.P No. 103536 of 2023




                                IN THE HIGH COURT OF KARNATAKA,
                                         DHARWAD BENCH
                         DATED THIS THE 22ND DAY OF FEBRUARY, 2024
                                                   BEFORE
                         THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA
                             CRIMINAL PETITION NO. 103536 OF 2023
                      BETWEEN:
                      ARJUN S/O PARAPPA HALAGIGOUDAR,
                      AGE. 45 YEARS, OCC. AGRICULTURE,
                      R/O. MADABAVI VILLAGE-587316,
                      TQ. RABAKAVI-BANAHATTI,
                      DIST. BAGALKOT.
                                                                         ... PETITIONER
                      (BY SRI. PRASHANT S. KADADEVAR, ADVOCATE)

                      AND:

                      THE STATE OF KARNATAKA,
                      R/BY STATE PUBLIC PROSECUTOR,
                      HIGH COURT OF KARNATAKA,
                      DHARWAD BENCH,
                      THROUGH MAHALINGAPUR
                      P.S., BAGALKOTE DISTRICT.
                                                                        ... RESPONDENT
                      (BY SRI. P.N. HATTI, HCGP)
         Digitally
         signed by
         MANJANNA
MANJANNA E
E        Date:
         2024.02.23
         11:01:14
         +0530
                             THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.
                      SEEKING TO ALLOW THIS PETITION BY QUASHING THE ENTIRE
                      PROCEEDINGS IN CC NO.1508/2023 (IN FIR CRIME NO.40/2023)
                      REGISTERED    WITH   MAHALINGAPUR      PS   FOR   THE   OFFENCES
                      P/U/SEC.171 (C) AND 171 (H) OF IPC AND SEC.123(2) OF
                      REPRESENTATION OF PEOPLE ACT, 1951 PENDING ON THE FILE OF
                      THE CIVIL JUDGE AND JMFC, BANAHATTI BAGALAKOTE.


                             THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
                      COURT MADE THE FOLLOWING:
                                    -2-
                                            NC: 2024:KHC-D:4343
                                            CRL.P No. 103536 of 2023




                                 ORDER

1. The petitioner is aggrieved by the order of the

learned Magistrate taking cognizance of the charge sheet for

the offences punishable under Sections 171 (C) and 171 (H) of

IPC and SEC. 123 of Representation of People Act, 1951.

2. The records does not indicate as to whether an

order as contemplated by the decision rendered in Vageppa

Gurulinga Jangaligi (Jangalagi) Vs. the State of

Karnataka, through PSI, Kagwad Police Station, Belgavi1

has been passed and separate order sheet has been

maintained. It is therefore clear that the entire proceedings

would stand vitiated has been contrary to the ratio laid down in

the said judgment. Accordingly, the proceedings initiated

against the petitioners are quashed.

Sd/-

JUDGE

VB/CT:BCK

ILR 2020 KAR 630