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Karnataka High Court · body

2019 DIGILAW 2164 (KAR)

H. J. Yogananda v. State of Karnataka

2019-11-13

P.B.BAJANTHRI

body2019
ORDER : 1. In all these petitions, the petitioners have prayed for the following reliefs:- In Criminal Petition No.6145/2019 (i) Quash the entire proceedings in C.C.No.498/2016 pending on the file of the Principal Senior Civil Judge & JMFC, Hunsur, Mysore District vide Annexure-D. (ii) Grant such other relief/s as this Hon'ble Court be pleased to grant in the facts and circumstances of the case, in the interest of justice. In Criminal Petition No.6141/2019 (i) Quash the entire proceedings in C.C.No.493/2016 pending on the file of the Principal Senior Civil Judge & JMFC, Hunsur, Mysore District vide Annexure-D. (ii) Grant such other relief/s as this Hon'ble Court be pleased to grant in the facts and circumstances of the case, in the interest of justice. In Criminal Petition No.6140/2019 (i) Quash the entire proceedings in C.C.No.469/2016 pending on the file of the Principal Senior Civil Judge & JMFC, Hunsur, Mysore District vide Annexure-D. (ii) Grant such other relief/s as this Hon'ble Court be pleased to grant in the facts and circumstances of the case, in the interest of justice. In Criminal Petition No.6143/2019 (i) Quash the entire proceedings in C.C.No.495/2016 pending on the file of the Principal Senior Civil Judge & JMFC, Hunsur, Mysore District vide Annexure-D. (ii) Grant such other relief/s as this Hon'ble Court be pleased to grant in the facts and circumstances of the case, in the interest of justice. In Criminal Petition No.6144/2019 (i) Quash the entire proceedings in C.C.No.497/2016 pending on the file of the Principal Senior Civil Judge & JMFC, Hunsur, Mysore District vide Annexure-D, for the offence p/u/s 3 and 5 of KOPD Act. (ii) Grant such other relief/s as this Hon'ble Court be pleased to grant in the facts and circumstances of the case, in the interest of justice. In Criminal Petition No.6146/2019 (i) Quash the entire proceedings in C.C.No.499/2016 pending on the file of the Principal Senior Civil Judge & JMFC, Hunsur, Mysore District vide Annexure-D. (ii) Grant such other relief/s as this Hon'ble Court be pleased to grant in the facts and circumstances of the case, in the interest of justice. In Criminal Petition No.6146/2019 (i) Quash the entire proceedings in C.C.No.499/2016 pending on the file of the Principal Senior Civil Judge & JMFC, Hunsur, Mysore District vide Annexure-D. (ii) Grant such other relief/s as this Hon'ble Court be pleased to grant in the facts and circumstances of the case, in the interest of justice. In Criminal Petition No.6147/2019 (i) Quash the entire proceedings in C.C.No.500/2016 pending on the file of the Principal Senior Civil Judge & JMFC, Hunsur, Mysore District vide Annexure-D. (ii) Grant such other relief/s as this Hon'ble Court be pleased to grant in the facts and circumstances of the case, in the interest of justice. In Criminal Petition No.6148/2019 (i) Quash the entire proceedings in C.C.No.501/2016 pending on the file of the Principal Senior Civil Judge & JMFC, Hunsur, Mysore District for offence p/u/s 3 and 5 of KOPD Act. (ii) Grant such other relief/s as this Hon'ble Court be pleased to grant in the facts and circumstances of the case, in the interest of justice. 2. The respondent No.2 (common in all these petitions) has filed complaints alleging that during the festivals, the petitioners were stated to have put up illegal banners, buntings and flex boards, without the permission of the competent authority thereby commiting the offence under sections 3 and 5 of the Karnataka Open Spaces (Prevention of Disfigurement) Act, 1981 (for short "the Act"). Consequently, F.I.R. was registered on 29.12.2015 and charge sheet has been filed. 3. Learned counsel for the State has not disputed that the petitioners are accused. In respect of co-accused, this court in Criminal Petition No.505/2017 and connected matters, decided on 20.06.2018, quashed the proceedings and allowed the petitions on the score that section 1 of the Act provides for issuance of notification relating to identifying authorized officer/s. The said notification has not been notified in appointing authorities in respect of different areas. As on the date of filing of complaint/F.I.R., the State Government had not invoked section 1 of the Act in issuing notification and identifying authorities for different areas including Hunsur Town, Mysuru District. The facts of these present petitions are identical to that of the aforesaid decision passed in Criminal Petition No.505/2017 and connected matters, which are not disputed by the learned State Counsel. 4. The facts of these present petitions are identical to that of the aforesaid decision passed in Criminal Petition No.505/2017 and connected matters, which are not disputed by the learned State Counsel. 4. Accordingly, all further proceedings in the aforesaid charge sheet cases, pending on the file of the Principal Senior Civil Judge & JMFC, Hunsur, Mysore District and all further investigation therein, insofar as petitioners herein are concerned, are hereby quashed. 5. The petitions are allowed in terms of the aforesaid decision. 6. In view of disposal of these cases, the Interlocutory Applications filed for stay in these Criminal Petitions do not survive for consideration. Accordingly, the applications stand disposed of.