Siddaramaiah vs State Of Karnataka
2024 Latest Caselaw 25321 Kant

Karnataka High Court

Siddaramaiah vs State Of Karnataka on 24 October, 2024

Author: M.Nagaprasanna

Bench: M.Nagaprasanna

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                                                    CRL.P No. 11265 of 2024




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 24TH DAY OF OCTOBER, 2024

                                           BEFORE
                          THE HON'BLE MR JUSTICE M.NAGAPRASANNA
                            CRIMINAL PETITION NO. 11265 OF 2024
                   BETWEEN:

                   1.    SIDDARAMAIAH
                         AGED ABOUT 78 YEARS
                         S/O SIDDARAME GOWDA
                         HON'BLE CHIEF MINISTER OF KARNATAKA
                         RESIDING AT NO.6, CAUVERY CRESCENT
                         BENGALURU 560 001.

                         ALSO AT
                         KARNATAKA PRADESH CONGRESS COMMITTEE
                         CONGRESS BHAVAN, NO.14, QUEENS ROAD
                         BENGALURU - 560 052.

                   2.    ESHWAR KHANDRE
                         S/O. BHEEMANNA KHANDRE
Digitally signed         AGED ABOUT 64 YEARS
by NAGAVENI
Location: High           WORKING PRESIDENT
Court of
Karnataka                KARNATAKA PRADESH CONGRESS COMMITTEE
                         CONGRESS BHAVAN, NO.14, QUEENS ROAD
                         BENGALURU - 560 052.

                   3.    M.NARAYANASWAMY
                         S/O B.MUNISWAMAPPA
                         AGED ABOUT 62 YEARS
                         FORMER MEMBER OF LEGISLATIVE
                          COUNCIL (EX-MLC)

                         PRESENTLY AT
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                                CRL.P No. 11265 of 2024




     KARNATAKA PRADESH CONGRESS COMMITTEE
     QUEENS ROAD,
     BENGALURU - 560 001.

4.   ANJALI NIMBALKAR
     W/O HEMANT NIMBALKAR
     AGED ABOUT 48 YEARS
     FORMER MEMBER OF LEGISLATIVE
     ASSEMBLY (EX-MLA)
     KHANAPUR ASSEMBLY CONSTITUENCY,
     BELGAUM

     PRESENTLY AT
     KARNATAKA PRADESH CONGRESS COMMITTEE
     QUEENS ROAD,
     BENGALURU - 560 001.

5.   KUSUMA HANUMANTHARAYAPPA
     D/O. HANUMANTHARAYAPPA,
     AGED ABOUT 34 YEARS,
     PRESENTLY AT
     KARNATAKA PRADESH CONGRESS COMMITTEE
     QUEENS ROAD,
     BENGALURU - 560 001.

6.   RAJKUMAR
     S/O.C.MUNIVENKATAIAH
     AGED ABOUT 58 YEARS
     PRESIDENT, BANGALORE NORTH DISTRICT
     CONGRESS COMMITTEE
     PRESENTLY AT KPCC OFFICE,
     QUEENS ROAD
     BENGALURU - 560 001.

7.   ATEEQ ULLA KHAN
     (SHOWN AS ATHIKH KHAN IN PCR)
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                                  CRL.P No. 11265 of 2024




     S/O. ALEEM KHAN
     AGED ABOUT 40 YEARS
     NO.27, 1ST CROSS, NEAR TOWN HALL,
     FIRE WORKS COLONY
     J.C ROAD, BENGALURU - 560 002.

8.   SAGEER PASHA
     S/O SARDAR PASHA
     AGED ABOUT 37 YEARS
     NO.4/1, 1ST A CROSS,
     CHINNAYANAPALYA, ADUGODI
     BENGALURU - 560 030.

9.   R.V.YUVRAJ
     S/O.R.V.DEVRAJ
     AGED ABOUT 37 YEARS
     R/A. NO.50/51, SANJIVINI C. STREET
     FORT KALASIPALAYAM,
     BENGALURU - 560 002.

10. N. RAJASHEKAR
    S/O. LATE S.NAGARAJEGOWDA
    AGED ABOUT 59 YEARS
    R/A.NO.2, ANNIPURA MAIN ROAD,
    SUDHAMANAGARA,
    BENGALURU - 560 027.

11. SAKHIB IFTEKHAR
    (WRONGLY SHOWN AS SAKETH IN PCR)
    S/O. IFTEKHAR AHMED
    AGED ABOUT 36 YEARS
    R/A 59/5, RANAJI RAO ROAD,
    NEAR CRESENT SCHOOL, BASAVANAGUDI
    BENGALURU - 560 004.
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                                CRL.P No. 11265 of 2024




12. T.B.JAYACHANDRA
    S/O.LATE BORAIAH
    AGED ABOUT 74 YEARS
    MEMBER OF LEGISLATIVE ASSEMBLY (MLA)
    SIRA ASSEMBLY CONSTITUENCY
    PRESENTLY AT
    KARNATAKA PRADESH CONGRESS COMMITTEE
    QUEENS ROAD,
    BENGALURU - 560 001.

13. BHAVYA NARASIMHAMURTHY
    D/O.NARASIMHA MURTHY
    AGED ABOUT 34 YEARS
    SPOKESPERSON
    KARNATAKA PRADESH CONGRESS COMMITTEE
    QUEENS ROAD,
    BENGALURU - 560 001.
                                     ...PETITIONERS
(BY SRI SURYA MUKUNDARAJ L., ADVOCATE)

AND:

1.   STATE OF KARNATAKA
     BY WILSON GARDEN POLICE STATION
     REPRESENTED BY STATE PUBLIC PROSECUTOR
     HIGH COURT OF KARNATAKA,
     BENGALURU - 560 001.

2.   SRI A.RAJU
     POLICE SUB INSPECTOR
     WILSON GADEN POLICE STATION
     KARNATAKA - 560 051.
                                         ...RESPONDENTS
(BY SRI B.N.JAGADEESHA, ADDL.SPP)
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                                      CRL.P No. 11265 of 2024




     THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C.,(528 OF BNSS) PRAYING TO QUASH ENTIRE
PROCEEDINGS      AS     AGAINST      PETITIONERS    IN
                                        ST
C.C.NO.25189/2024 INITIATED BY THE 1        RESPONDENT
WILSON GARDEN POLICE BANGALORE, PENDING BEFORE THE
HON'BLE 42ND ADDL. CMM COURT (SPECIAL COURT FOR TRIAL
OF CASES AGAINST SITTING AS WELL AS FORMER MP'S/MLA'S
TRIABLE BY MAGISTRATE IN THE STATE OF KARNATAKA)
BANGLAORE FOR OFFENCE P/U/S 188 AND 290 OF IPC AND
SEC. 103 OF K.P. ACT AND GRANT RELIEFS TO THE
PETITIONERS HEREIN.


    THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:


CORAM:    HON'BLE MR JUSTICE M.NAGAPRASANNA


                        ORAL ORDER

The petitioners are before this Court, seeking to quash

the entire proceedings in C.C.No.25189 of 2024 pending before

the 42nd Additional Chief Metropolitan Magistrate (Special Court

for trial of cases against sitting as well as former MP's/MLA's,

triable by Magistrate in the State of Karnataka) registered for

offences punishable under Sections 188 and 290 of the IPC and

Section 103 of the Karnataka Police Act.

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2. Heard Sri. Surya Mukundaraj L, learned counsel

appearing for the petitioners, Sri. Jagadeesha B.N., learned

Additional State Public Prosecutor appearing for the

respondents.

3. Learned counsel appearing for the petitioners would

submit that the issue in the lis stands answered by the

judgments rendered by the Co-ordinate Bench of this Court in

Crl.P.No.7228/2023 c/w W.P.No.14239/2023 dated 27.02.2024

and that of this Court in Crl.P.No.7376/2022 dated 16.08.2022.

4. The Co-ordinate Bench of this Court in the aforesaid

judgment has quashed the proceedings on identical offences

against the other accused, wherein it has held as follows:

"2. Learned Sr. Advocate Mr.Aruna Shyam appearing for the petitioners submits that the cognizance of the offence could not have been taken by the court below, the private complaint filed u/s 200 of the Code of Criminal Procedure, 1973, for the subject offence itself being incompetent. In support of this, he banks upon of a Coordinate Bench decision in W.P.No.13328/2018 (GM- RES) between SRI. RAJASHEKHARANANDA SWAMIJI AND ANOTHER vs. STATE OF KARNATAKA, disposed off on 18.6.2021. He further submits that the provisions of Section 195 of the Code of Criminal Procedure, 1973 having been held mandatory by the Apex Court in SALONI ARORA V. STATE (NCT OF DELHI), (2017) 3 SCC 286, the quashment has to be granted by this court.

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3. Learned Addl. SPP appearing for the respondent opposes the petitions contending that there can be delegation of power to lodge the complaint and therefore, in such an event, the author who promulgated the order in question need not go before the court to complain. Even otherwise, according to him, the arguable infirmity not going to root of the matter, no relief can be granted to the petitioners, as prayed for. So contending, he seeks dismissal of the petitions.

4. Having heard the learned counsel for the parties and having perused the Petition Papers, this court is inclined to grant relief to the petitioners, broadly agreeing with the submission made on their behalf. Similar question had cropped up before the Coordinate Bench in Rajashekharananda Swamiji supra. A paragraphs 8 & 10 of the judgement, it is observed as under:

"8. Reading of the above provision makes it clear that to take cognizance there should be a written complaint and such complaint should be filed either by the officer issuing such promulgation order or the officer above his rank. In the case on hand, as per the complaint itself, prohibitory order under Section 144 of IPC was promulgated by the Commissioner of Police and not the complainant.

10. Then the question is Annexures-A to D get vitiated only so far as the offence under Section 188 of IPC. In para 8 of the judgment in State of Karnataka v. Hemareddy1, the Hon'ble Supreme Court held as follows:

"8. We agree with the view expressed by the learned Judge and hold that in cases where in the course of the same transaction an offence for which no complaint by a Court is necessary under Section 195(1)(b) of the Code of Criminal Procedure and an offence for which a complaint of a Court is necessary under that sub-section, are committed, it is not possible to split up and hold that the prosecution of the accused for the offences not mentioned in Section 195(1)(b) of the Code of Criminal Procedure should be upheld."

(Emphasis supplied)"

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The above observations come to the aid of petitioners.

5. The vehement submission of learned Addl. SPP that there can be delegation of "power to complain"

in terms of promulgated order in question, is bit difficult to countenance in the absence of such delegation being demonstrated from the text of the said order itself. It has been a settled position of law vide In Re Delhi Laws Act, 1951 SCC OnLine SC 45 that a delegate cannot further delegate: delegatus non potesta potestas delegare. Contra having not been shown, the contention of the kind cannot be countenanced.

In view of the above, these petitions being meritorious are allowed to meet the ends of justice and to prevent the abuse of process of the court; the impugned proceedings in C.C.No.24636/2022 pending on the file of learned VI Addl. Chief Metropolitan Magistrate, Bengaluru, are quashed."

5. In the light of the orders passed by the Co-ordinate

Bench and that of this Court and for the reasons

aforementioned, the following:

ORDER

(i) The Criminal Petition is allowed.

(ii) Proceedings pending in C.C.No.25189/2024 pending

before the 42nd Additional Chief Metropolitan

Magistrate (Special Court for Trial of cases filed

against sitting as well as former MP's and MLA's,

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triable by Magistrate in the State of Karnataka),

Bangalore stand quashed qua the petitioners.

Consequently, pending applications if any, also stand

disposed.

Sd/-

(M.NAGAPRASANNA) JUDGE

BKP