H. D. Thammaiah And Others v. State Of Karnataka And Another
2020-01-07
B.A.PATIL
body2020
DigiLaw.ai
JUDGMENT 1. This petition has been filed by the petitioners-accused Nos.4, 7, 9 to 13, 16 to 20, 22, 24, 25, 28 to 30 under Section 482 of Cr.P.C. praying to quash the proceedings initiated against them in Special C.C.No.820/2018 pending on the file of LXXXI Additional City Civil and Sessions Judge, Bengaluru, (Crime No.187/2014) for the offences punishable under Sections 143, 147, 186, 332, 353, 354(a), 427 r/w Section 149 of IPC and under Section 3 of the Prevention of Damage to Public Property Act and also under Sections 31 and 103 of Karnataka Police Act. 2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State. Notice to respondent No.2 is dispensed with. 3. Though this case is listed for admission, with consent of the learned counsel appearing for the parties it is taken up for final disposal. 4. On 27.09.2014 at about 11.20 a.m. B.J.P party workers and followers of accused No.1 came in procession without obtaining permission and protested regarding permission for obtaining sand permit. When they were assembled in front of the gate of the Deputy Commissioners Office, accused No.6 assaulted CW.2 and broke the glass door and caused damage to the Government Property. On the basis of the complaint, a case has been registered in Crime No.187/2014 and after investigation charge sheet has been filed. 5. It is the contention of the learned counsel for the petitioners that the entire charge sheet material does not constitute any offence as against the petitioners. The proceedings initiated are nothing but abuse of process of law. It is further submitted that there is no specific allegation as against the petitioners though it is alleged that a group of people entered the office of the Deputy Commissioner. The charge sheet does not clearly shows the overt acts of each of the accused persons. The offences whatever have been alleged are only as against accused No.6. It is his further submission that nearly about 100 to 150 persons and other workers have assembled and omnibus allegations have been made as against the petitioners-accused.
The charge sheet does not clearly shows the overt acts of each of the accused persons. The offences whatever have been alleged are only as against accused No.6. It is his further submission that nearly about 100 to 150 persons and other workers have assembled and omnibus allegations have been made as against the petitioners-accused. It is his further submission that Court has to verify whether the allegations made in the charge sheet are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceedings against the accused. It is his further submission that the entire material if it is taken into consideration there is no prima facie case made out as against the accused. It is further contention that the petitioners are law abiding citizens and absolutely there is no material to implicate the petitioners to the alleged crime. On these grounds he prayed to allow the petition and to quash the proceedings. 6. Per contra, the learned High Court Government Pleader vehemently argued and submitted that the contents of the charge sheet material clearly goes to show that the accused persons without there being any permit and permission have assembled in front of the office of the Deputy Commissioner and a lady official has been pushed and assaulted and the public property has been damaged. It is his further submission that on the basis of the complaint, police after investigation have filed the charge sheet and there are specific allegations as against the accused No.6 and the present petitioners are the members of the said assembly. They are also jointly liable for the alleged offences. On these grounds he prayed to dismiss the petition. 7. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records. 8. The records indicates that a complaint is lodged by the Office Assistant attached to the office of the Deputy Commissioner and in the said complaint it has been alleged that along with accused No.1, the party workers have assembled without there being any permission and protested and in the said galata CW2 a lady police official has been pushed and assaulted and a glass door of the office was damaged.
On going through the said records it indicates that the allegations made in the charge sheet material are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceedings against the accused and if the accused is made to undergo the ordeal of trial it is not only abuse of process of law and also it would be waste of precious judicial time. This proposition of law has been laid down by the Honble Apex Court in the case of State of Haryana and Others v. Bhajan Lal and Others reported in 1992 Supp (1) SCC 335 , wherein it has been observed that; 'Where the allegations made in the FIR or the complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceedings against accused and if the accused is made to undergo the ordeal of trial it is not only abuse of process of law and also it would be waste of precious judicial time.' 9. Keeping in view the ratio laid down in the above decision and the factual matrix of the case they are applicable to the present case on hand. Even it is brought to my notice that some of the accused persons have approached this Court challenging the same in Writ Petition Nos.36325/2019, 40532-40535/2019 and 40537- 40542/2019 and the Co-ordinate Bench by order dated 4.9.2019 has quashed the proceedings insofar as the petitioners therein. When already the Co-ordinate Bench has taken a similar view, taking into consideration the above said facts and circumstances, I am of the considered opinion that the petitioners have made out a case so as to exercise the power under Section 482 of Cr.P.C. 10. In the result, the petition is allowed and the proceedings initiated in Special C.C.No.820/2018 pending on the file of LXXXI Additional City Civil and Sessions Judge, Bengaluru, (Crime No.187/2014) for the offences punishable under Sections 143, 147, 186, 332, 353, 354(a), 427 r/w Section 149 of IPC and under Section 3 of the Prevention of Damage to Public Property Act and also under Sections 31 and 103 of Karnataka Police Act are hereby quashed insofar as the present petitioners are concerned.
IA No.1/2018 does not survive for consideration and the same is accordingly disposed of.