IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 5 TH DAY OF JANUARY 2016
BEFORE
THE HON’BLE MR. JUSTICE S.N. SATYANARAYANA
CRIMINAL PETITION No.11615/2013 C/W WRIT PETITION NO.79645/2013 AND WRIT PETITION NOS.79731-79757/2013(GM-POLICE)
IN CRL.P NO 11615 OF 2013 BETWEEN
1. LAKKAPPA S/O. SHIVALINGAPPA VYPARI AGE: 58 YEARS, OCC: AGRICULTURE R/O. MADANAMATTI, TQ: JAMAKHANDI, DIST: BAGALKOT
2. MUTTAPPA S/O. LAKKAPPA VYPRAI AGE: 28 YEARS, OCC: AGRICULTURE R/O. MADANAMATTI, TQ: JAMAKHANDI, DIST: BAGALKOT
3. MAHANTESH S/O. LAKKAPPA VYPARI AGE: 26 YEARS, OCC: AGRICULTURE R/O. MADANAMATTI, TQ: JAMAKHANDI, DIST: BAGALKOT
4. RAJASHEKHAR S/O. BASAVANTAPPA SORGAVI AGE: 45 YEARS, OCC: AGRICULTURE R/O. BANAHATTI, TQ: JAMAKHANDI, DIST: BAGALKOT
5. RAJU S/O. NEMINATH DESAI AGE: 32 YEARS, OCC: AGRICULTURE R/O. HALINGALI, TQ: JAMAKHANDI, DIST: BAGALKOT
6. VINAYAKUMAR S/O. MAHAVEER DESAI AGE: 32 YEARS, OCC: AGRICULTURE R/O. HALINGALI, TQ: JAMAKHANDI, DIST: BAGALKOT
7. BARAMAGOUDA S/O. BANAGOUDA PATIL AGE: 40 YEARS, OCC: AGRICULTURE 2
R/O. HALINGALI, TQ: JAMAKHANDI, DIST: BAGALKOT
8. SURESH S/O. SHRISHAIL TELI AGE: 38 YEARS, OCC: AGRICULTURE R/O. HALINGALI, TQ: JAMAKHANDI, DIST: BAGALKOT
9. NEELESH S/O. JAKKAPPA DESAI AGE: 35 YEARS, OCC: AGRICULTURE R/O. HALINGALI, TQ: JAMAKHANDI, DIST: BAGALKOT
10. DEVAPPA S/O. DHARMANNA KALTIPPI AGE: 58 YEARS, OCC: AGRICULTURE R/O. HALINGALI, TQ: JAMAKHANDI, DIST: BAGALKOT
11. MALLAPPA S/O.JINNAPPA HANAMANNAVAR AGE: 24 YEARS, OCC: AGRICULTURE R/O. HALINGALI, TQ: JAMAKHANDI, DIST: BAGALKOT
12. PARAPPA S/O. BABURAO DESAI AGE: 58 YEARS, OCC: AGRICULTURE R/O. HALINGALI, TQ: JAMAKHANDI, DIST: BAGALKOT
13. ANIL S/O. VASUDEV UPADHAYA AGE: 38 YEARS, OCC: AGRICULTURE R/O. HALINGALI, TQ: JAMAKHANDI, DIST: BAGALKOT
14. MAHADEV S/O. GURAPPA HEGGALAGI AGE: 59 YEARS, OCC: AGRICULTURE R/O. MADANAMATTI TQ: JAMAKHANDI, DIST: BAGALKOT
15. SHRIKAR S/O. SHRINIVAS PESEY AGE: 34 YEARS, OCC: AGRICULTURE R/O. RABAKAVI TQ: JAMAKHANDI, DIST: BAGALKOT
16. DUNDAPPA S/O. MAYAPPA KARIGAR AGE: 32 YEARS, OCC: AGRICULTURE R/O. BANAHATTI TQ: JAMAKHANDI, DIST: BAGALKOT ... PETITIONERS (By Sri. MAHANTESH R PATIL, ADV. )
AND
THE STATE OF KARNATAKA BY TERDAL POLICE STATION 3
TQ: JAMKHANDI, DIST: BAGALKOT R/BY SPP HIGH COURT OF KARNATAKA AT DHARWAD . ... RESPONDENT (By Sri.RAJA RAGHAVENDRA NAIK, GOVT PLEADER)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. SEEKING TO QUASH THE FIR AND COMPLAINT IN RESPECT OF PETITIONERS IN TERDAL P.S. CRIME NO.72/2013 FOR THE OFFENCES P/U/S 143, 147, 148, 324, 326, 307, 353, 332, 336, 504 (2) R/W SEC. 149 OF IPC, PENDING ON THE FILE OF THE CIIVL JUDGE (JR.DN.) & JMFC COURT, BANAHATTI.
IN WP NO 79645 OF 2013 & WP Nos.79731-79757 of 2013 BETWEEN
1. BABUGOUDA S/O. MUDIGOUDA PATIL AGE: 44 YEARS, OCC: AGRICULTURE
2. SHRISHAIL S/O. SANGAPPA AVVAKKANAVAR AGE: 39 YEARS, OCC: AGRICULTURE
3. SURESH S/O. BASAPPA BASANNAVAR AGE: 42 YEARS, OCC: AGRICULTURE
4. MALLU S/O. GOUDAPPA MALLANNAVAR AGE: 35 YEARS, OCC: AGRICULTURE
5. BASAPPA S/O. BABU MALLANNAVAR AGE: 48 YEARS, OCC: AGRICULTURE
6. MAHANTESH S/O. MALLAPPA PATIL AGE: 36 YEARS, OCC: AGRICULTURE
7. RAJU S/O. MALLAPPA MALLANNAVAR AGE: 38 YEARS, OCC: AGRICULTURE
8. SHANKAR S/O. BASAPPA MALLANNAVAR AGE: 47 YEARS, OCC: AGRICULTURE
9. GOUDAPPA S/O. ALAGOND NANDEPPANAVAR AGE: 43 YEARS, OCC: AGRICULTURE 4
10. APPASAB S/O. ALAGOND NANDEPPANAVAR AGE: 34 YEARS, OCC: AGRICULTURE
11. BABU S/O. ALAGOND NANDEPPANAVAR AGE: 38 YEARS, OCC: AGRICULTURE
12. SRISHAIL, S/O MAHADEV BALAVADI AGE: 35 YEARS, OCC: AGRICULTURE
13. MAHANTESH AVARGOL, AGE 33 YEARS, OCC: AGRICULTURE,
14. RAMESH S/O. BHIMAPPA NANDEPPANAVAR AGE: 36 YEARS, OCC: AGRICULTURE
15. BASAVARAJ S/O. NIMGAPPA PATTED AGE: 28 YEARS, OCC: AGRICULTURE
16. SUBBU S/O. NINGAPPA HADIMANI AGE: 44 YEARS, OCC: AGRICULTURE
17. BASAPPA S/O. SHIVANINGAPPA HADIMANI AGE: 42 YEARS, OCC: AGRICULTURE
18. LAXMAN S/O. MUTAPPA NANDEPPANAVAR AGE: 40 YEARS, OCC: AGRICULTURE
19. KADAPPA S/O. HANUMANTH YALLATTI AGE: 38 YEARS, OCC: AGRICULTURE
20. MALLAPPA S/O. TUKKAPPA KULALI AGE: 25 YEARS, OCC: AGRICULTURE
21. KUMAR S/O. DUNDAPPA NANDEPPANAVAR AGE: 23 YEARS, OCC: AGRICULTURE
22. BASAPPA S/O. GOUDAPPA MALLANNAVAR AGE: 31 YEARS, OCC: AGRICULTURE
23. SHIVANAND S/O. APPASAHEB NANDEPPANAVAR AGE: 23 YEARS, OCC: AGRICULTURE
24. IRRAYYA S/O. RACHAYYA MATHAPATI AGE: 33 YEARS, OCC: AGRICULTURE 5
25. MAHANTESH S/O. NINGAPPA PATTED AGE: 32 YEARS, OCC: AGRICULTURE
26. LAXMAN S/O. JINAPPA BASAVANNAR AGE: 23 YEARS, OCC: AGRICULTURE
27. KENCHAPPA S/O. BASAPPA AVAKKANAVAR AGE: 28 YEARS, OCC: AGRICULTURE
28. SIDRAM S/O.MALLAPPA ADALATTI AGE: 23 YEARS, OCC: AGRICULTURE
ALL ARE RESIDENTS OF MADANMATTI VILLAGE, TQ:JAMKHANDI, DIST: BAGALKOT ... PETITIONERS (By Sri. SRINAND A PACHHAPURE, ADV. FOR PETITIONERS)
AND
THE POLICE SUB INSPECTOR TERDAL POLICE STATION DIS: BAGALKOT ... RESPONDENT (By Sri.RAJA RAGHAVENDRA NAIK, GOVERNMENT PLEADER FOR RESPONDENT)
THESE WPs ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE PRAYING TO QUASH THE FIR AND COMPLAINT REGISTERED IN CRIME NO.72/2013 DATED:27/05/2013 REGISTERED BY THE TERDAL POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTION 143, 147, 148, 324, 326, 307, 353, 332, 336, 504, 506(2) R/W. 149 OF IPC MAKRED AND PRODUCED AT ANNEXURE-A AND B RESPECTIVELY IN SO FAR AS PETITIONERS ARE CONCERNED.
THIS CRIMINAL PETITION AND WRIT PETITIONS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: 6
ORDER
Criminal Petition No.11615 of 2013 and Writ Petition
No.79645 of 2013 and connected matters are filed by accused Nos.1 to 44 in Crime No.72 of 2013. Out of that,
Criminal Petition is by accused Nos. 1 to 16 and writ
Petitions are by accused Nos.17 to 44 challenging the complaint and FIR registered in Crime No.72 of 2013 by
Terdal Police. In these petitions they are seeking quashing of complaint dated 27/05/2013 and also the FIR registered in Crime No.72 of 2013. It is seen that in this matter an order of stay of filing of charge sheet was passed on
23/08/2013. In the meanwhile, the learned Government
Pleader Sri. Raja Raghavendra Naik would submit that investigation is completed and charge sheet is ready and in view of the interim order dated 23/08/2013 passed by this
Court, the same is not filed. However, learned counsel for the petitioners Sri. Srinand A. Pachchapure would submit that according to his instruction, charge sheet is already filed. 7
2. On going through the petition and also considering the submission, it is seen that when investigation is complete, it is necessary that charge sheet is required to be filed. In any event, filing of charge sheet being a formality is held-back in view of the interim order passed by this Court. Therefore, this Court feel since investigation is complete and charge sheet is not filed because of the interim order, question of quashing FIR and the complaint does not arise. Accordingly, the same is dismissed. In view of dismissal of these petitions, prosecution is at liberty to file charge sheet and it is needless to say that the petitioners are also entitled to take appropriate steps challenging the same. Accordingly, both Criminal Petition and as well as the Writ Petitions are dismissed.
Sd/- JUDGE kmv