Karnataka High Court
Sendhil Kumar vs The State Of Karnataka on 23 February, 2024
Author: Krishna S Dixit
Bench: Krishna S Dixit
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NC: 2024:KHC:7607
CRL.P No. 7322 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
CRIMINAL PETITION NO. 7322 OF 2023 (482)
BETWEEN:
SENDHIL KUMAR
S/O VELU,
AGED ABOUT 40 YEARS,
R/AT # 627, BETHUR ROAD,
NEAR BASAVESHWARA TEMPEL,
ANEKONDA, DAVANAGERE,
DAVANAGERE-577 001.
...PETITIONER
(BY SRI. DHANUSH., ADVOCATE FOR
SRI. KARTHIK.N.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY DEPARTMENT OF FOREST BY
Digitally signed RANGE FOREST OFFICER,
by SHARADA
VANI B DAVANAGERE RANGE, DAVANAGERE,
Location: HIGH REP BY THE STATE PUBLIC PROSECUTOR,
COURT OF HIGH COURT OF KARNATAKA,
KARNATAKA HIGH COURT BUILDING,
BENGALURU-560 001.
2. SRI.S.K. DEVARAJ
S/O NOT KNOWN,
AGED ABOUT NOT KNOWN,
RANGE FOREST OFFICER,
DAVANAGERE RANGE,
DAVANAGERE-577 002.
...RESPONDENTS
(BY SRI.B N JAGADEESH., ADDL SPP FOR R1; R2 SERVED)
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NC: 2024:KHC:7607
CRL.P No. 7322 of 2023
THIS CRL.P FILED U/S 482 CR.PC PRAYING TO QUASH
THE FINAL REPORT DATED 22.05.2023 PRODUCED AT
ANNEXURE-C, AND ALL FURTHER PROCEEDINGS IN
C.C.NO.2319/2023 PURSUANT THERETO, PENDING ON THE
FILE OF 2ND ADDITIONAL CIVIL AND JMFC JUDGE, DAVANGERE
FOR OFFENCE P/U/S 9, 39, 47, 48, 49, 52, 40(1), 40(2), 58
R/W 51 OF THE WILD LIFE (PROTECTION) ACT, 1972 AND SEC.
465, 201 OF IPC, PRODUCED AT ANNEXURE-A, IN SO FAR AS
PETITIONER IS CONCERNED.
THIS CRL.P COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
The subject matter of this Petition, learned counsel
for the Petitioner submits, and learned Addl. SPP does not
dispute is substantially similar to the one in
Crl.P.No.5952/2023 & Connected matters, between SRI.
SAMPANNA MUTALIK & ANOTHER vs. STATE OF
KARNATAKA & OTHERS, heard & disposed off by a
Coordinate Bench of this Court vide Judgment dated
06.10.2023 and therefore, he insists that whatever reliefs
that was granted to the litigants therein, needs to be
extended to his client as well on the principle of parity.
2. Learned Coordinate judge in his well considered
Judgment running into 44 pages has framed, the operative
portion of the same reads as under:
NC: 2024:KHC:7607
"15. For the aforesaid reasons, I pass the
following:
ORDER
(i) Criminal petitions are allowed and the
proceedings in C.C.No.2319 of 2023 pending
before the II Additional Civil Judge and Judicial
Magistrate First Class, Davangere stand
quashed qua the petitioners.
(ii) It is made clear that the observations made
in the course of the order are only for the
purpose of consideration of the case of
petitioners under Section 482 of Cr.P.C. and
the same shall not bind or influence the
proceedings against any other accused pending
before the learned Magistrate or any other
fora."
3. A Division Bench of this Court in W.A.Nos. 932-
933/1974 between A.V.VINODA & ANOTHER Vs. STATE OF
KARNATAKA BY ITS COMMISSIONER & SECRETARY
disposed of on 11.12.1974, has held that the Court should
treat the like-cases alike and if relief is granted to a
litigant, it has to be extended to similarly circumstanced
litigants as well, there being no derogatory circumstances.
In view of the above, this Petition is allowed and the
proceedings in C.C.No.2319/2023 pending before the
NC: 2024:KHC:7607
learned II Additional Civil Judge and Judicial Magistrate
First Class, Davangere, is hereby quashed.
Sd/-
JUDGE
Bsv
