Karnataka High Court
Subash Chander vs The State Of Karnataka on 13 January, 2025
-1-
NC: 2025:KHC:1130
CRL.P No. 5610 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
CRIMINAL PETITION NO. 5610 OF 2018
BETWEEN:
1. SUBASH CHANDER
S/O K.P. KUTTAN
AGED ABOUT 57 YEARS,
R/AT NO.14, B. SURAJ,
10TH MAIN, 6TH CROSS,
MARUTHI NAGAR, NEW
THIPPASANDRA POST,
BENGALURU - 560 075
2. T. BHARGAVAN
S/O V NARAYAN
AGED ABOUT 70 YEARS,
NO.192, 3RD CROSS,
ANNASANDRAPALYA,
VIMANAPURA POST,
BENGALURU - 560 017
3. RAJU
Digitally signed S/O SANGURU,
by SWAPNA V
Location: high AGED ABOUT 48 YEARS,
court of R/AT 4, 9TH CROSS,
karnataka
ANNAPALYA,
BENGALURU - 560 030
4. SATHYAN
S/O JANARDHANAN
AGED ABOUT 52 YEARS,
R/AT NO.423, MINI HOUSE,
NEAR ST.JOSEPH, VIRATNAGAR
BOMMANAHALLI,
BENGALURU - 560 068
...PETITIONERS
(BY SRI. PRASANNA D.P., ADVOCATE)
-2-
NC: 2025:KHC:1130
CRL.P No. 5610 of 2018
AND:
1. THE STATE OF KARNATAKA
BY AVALAHALLI POLICE
BENGALURU, REP. BY S.P.P
HIGH COURT COMPLEX,
BENGALURU - 560 001
2. REJI MATHEW
S/O K.J. MATHEW,
AGED ABOUT 48 YEARS,
SRI NARYANA MUTT
SHIVAGIRI TOWNSHIP,
RESIDENTIAL/SITES OWNERS
WELFARE ASSOCIATION,
BYAPPNAHALLI, BIDRAHALLI
HOBLI, BENGALURU EAST
TALUK & HOSKOTE TALUK,
BENGALURU - 560 049
...RESPONDENTS
(BY SMT. K.P. YASHODHA, HCGP FOR R1
SRI. C.V. SIJU, ADVOCATE FOR R2 (AB))
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE
PROCEEDINGS IN C.C.NO.5163/2017, ON THE FILE OF THE 1ST
ADDITIONAL CJM, BANGALORE AS PER ANNEXURE-A.
THIS CRL.P, COMING ON FOR ADMISSION, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE M G UMA
ORAL ORDER
Petitioners being accused Nos.1 to 4 in Cr.No.186/2014
of Avalahally police station arising out of PCR No.37/2014 now
pending in CC No.5163/2017 on the file of the learned First
NC: 2025:KHC:1130
Additional CJM, Bengaluru, for the offence under Sections 420,
448, 426 506B of Indian Penal Code (for short 'the IPC'), are
seeking to quash the criminal proceedings initiated against
them.
2. Brief facts of the case are that, respondent No.2 as
complainant filed PCR No.37/2014 against the petitioner
alleging commission of offence punishable under Sections 420,
448, 426 506B of IPC. The learned Magistrate referred the
matter for investigation, upon which, Avalahally police
registered the Cr.No.186/2014 and took up investigation. It is
stated that the Investigating Officer filed B-report stating that
there was an earlier incident that had occurred on 06.08.2013
and in respect of which, Cr.No.235/2013 came to be registered
by Avalahally police station for the offences punishable under
Sections 506, 143, 144, 147, 148, 324, 354 R/w 149 of IPC.
Now similar allegations are made for the purpose of filing
second complaint based on the wound certificate pertaining to
the first complaint. Therefore, it is stated that 2nd complaint
was filed under misconception. However, protest petition was
filed by the complainant before the learned Magistrate. The
leaned Magistrate took cognizance of the offence as per order
NC: 2025:KHC:1130
dated 13.06.2017. Being aggrieved by the same, petitioners
are before this Court seeking to quash the criminal
proceedings.
3. Heard Sri.Prasanna D.P., learned counsel for the
petitioner and Smt. K.P.Yashodha, learned High Court
Government pleader for respondent No.1. Learned counsel for
respondent No.2 remained absent and he has not addressed his
arguments. Hence, his arguments is taken as nil. Perused the
materials on record.
4. In view of the contentions urged by the learned
counsel for the respondents, and on going through the
materials on record, the point that would arise for my
consideration is:
"Whether the Petitioner has made
out any grounds to allow the petition and
to quash the criminal proceedings initiated
against him?"
My answer to the above point is in the 'affirmative' for
the following:
NC: 2025:KHC:1130
REASONS
5. Respondent No.2 has filed the private complaint
before the Trial Court against accused Nos.1 to 4 for the above
said offences alleging that he has purchased the property from
the accused and thereafter accused started to act detrimentally
to the interest of the complainant, who is the owner of the site.
It is alleged that the accused in collusion with rowdy elements,
assaulted him. In respect of the above said incident, a
complaint was filed with the jurisdictional police. But they have
not initiated any action. There is life threat to the complainant
and his family members. It is stated that on 15.08.2013, the
accused have came along with goonda elements, trespassed
into the house of the complainant for the second time,
threatened the complainant and his family members and also
assaulted him causing injuries. They threatened the
complainant and his family members to cause their death.
Therefore, he requested the Trial Court to take cognizance of
the offences. The matter was referred to the police under
Section 156 (3) to investigate into the matter. The police filed
B-report. Upon consideration of the protest petition, learned
Magistrate took cognizance of the offence and registered CC
NC: 2025:KHC:1130
No.5163/2017. The petitioners being accused Nos.1 to 4 are
before this Court seeking to quash the criminal proceedings.
6. Perusal of the materials on record discloses that
initially, a similar complaint was filed with Avalahally police,
which is registered in Cr.No.235/2013 with regard to the
incident that had occurred on 06.08.2013. It is stated by the
learned counsel for the petitioner that the charge sheet was
filed in respect of the same, against accused Nos.1 to 4, the
trial was held against accused Nos.2 to 4, and they were
acquitted vide judgment dated 05.09.2017. The wound
certificate was marked in the said case. The very same wound
certificates were made use of by the complainant in the present
case. The wound certificates referred to by the learned counsel
for the petitioner is dated 13.08.2013, issued by Bowring and
Lady curzon Hospitals, MLC 28/2013, according to which, the
date of incident is 06.08.2013. Therefore, it is the contention of
the learned counsel for the petitioner that by making use of
very same wound certificate, a private complaint came to be
filed before the Trial Court without referring to registration of
Cr.No.235/2013, filing of the charge sheet, holding of the trial
and acquittal of the accused. In the B-report, the Investigating
NC: 2025:KHC:1130
Officer refers to the incident dated 06.08.2013 and states that
by misconception, second complaint came to be filed. This
aspect of the matter is never considered by the learned
Magistrate in the order taking cognizance, while rejecting the
B-report. Learned Magistrate has not referred to the first
complaint registered in Cr No.235/2013 nor there is any
explanation about the findings recorded by the Investigating
Officer in that regard. Learned counsel for respondent No.2 also
remained absent and hence there is no explanation or any
clarification. Learned High Court Government Pleader submits
that the Investigating Officer after investigation filed the B-
report, which was rejected by the learned Magistrate. Under
these circumstances, I do not find any substances in the
complaint filed by the complainant as already there was a
criminal case registered in respect of the offence committed on
06.08.2013, which was enquired into in Cr.No.235/2013 of
Avalahally police station. Learned counsel for the petitioner
contends that accused Nos.2 to 6 are already acquitted in the
said case. Under the circumstances, I am of the opinion that
continuation of the criminal proceedings in the present case is
in abuse of process of law and the same is liable to be quashed.
NC: 2025:KHC:1130
7. Accordingly, I answer the above point in the
Affirmative and proceed to pass the following:
ORDER
(i) The petition is allowed.
(ii) The FIR registered against the petitioners
in Cr.No.186/2014 of Avalahally police station for the
offence under Sections 420, 448, 426 506B of IPC
arising out of PCR No.37/2014 now pending in
CC No.5163/2017 on the file of the learned First
Additional CJM, Bengaluru is hereby quashed.
Sd/-
(M G UMA)
JUDGE
BH
