SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2015 Supreme(Kar) 314

High Court of Karnataka (Circuit Bench OF Kalaburagi)
K.N. PHANEENDRA, J.
Mallu & Others – Petitioner
Versus
The State of Karnataka, represented by the PSI., Bijapur & Others – Respondent
Crl.P. No. 201108 of 2014 C/W Crl.P. Nos. 201109, 200597 to 200614 of 2014
Decided On : 05-03-2015

Advocate Appeared:
For the Petitioners:R.S. Lagali, Sanjay Kulkarni, Advocates.
For the Respondents:R1, Prakash Yeli, Addl. SPP, R2, Shivasharana Reddy, Advocate.

Headnote:CODE OF CRIMINAL PROCEDURE, 1973 - Section 482: [K.N. Phaneendra, J] Quashing of proceedings - In respect of same transaction and incident Police filing separate charge sheets and proceedings - Permissibility - Held, if several offences though committed, if they are part of the same transaction the test to be applied is whether they are arising out of the same transaction or commonality of the allegations are there, whether two or more acts constitute same transaction. Such things are to be gathered from the conspectus of the entire gamut of the case in the hands of the Investigating Officer. The circumstances indicating proximity of time, unity or proximity of place, continuity of action, commonality of purpose or design play very dominant role in considering whether it is continuous process or the whole of the incident has taken place constituting the same transaction. If there is no commonality, proximity in time & place then only subsequent FIR can be registered. By looking to the above said circumstances, it can be said that the petitioners are alleged to have committed offences at different places in continuity with the said object & also proximity of time & place are not so long in commission of such offences. The entire transaction started at 4.30 p.m. and ended at 6.00 p.m Therefore, it cannot be said that different transactions have been taken place and proximity of time and place is not so lengthy so that the police can register different first information reports and crime numbers and file various charge sheets. The Investigating Officer must be very careful in dealing with such matters. He has to consolidate all the statement of the witnesses till he completes the investigation on the first information report received at the earliest point of time which was first in point of time. It appears, that care has not been taken in this particular case by the Investigating Agency. The Investigating Officer committed such an error in registering several criminal cases, only with an intention to harass and cause inconvenience to the accused persons. Serious action should be taken against such officers. But if the act has been done in good faith or act has been done in ignorance of procedural law, and that has to be ascertained by he competent authority as to whether the act on the part of the Investigating Officer is deliberate or whether such an act requires any disciplinary action against such an Officer. Therefore, the Investigating Officer has failed in his duty in ascertaining that the whole of the incident taken place with the common object and when common object is established, and whatever the transaction that takes place with that common object within short proximity of time & place, several crime should not have been registered. So far as this case is concerned, the Investigating Officer has to take care & ascertain whether he can make a request to the Court to submit further charge sheets under Section 173(8) of Cr.P.C., in connection with the charge sheets already been filed before the Court by closing the several crime numbers registered pertaining to the same transaction. Directions issued to police - Guidelines to Magistrates stated. Petitioners were given liberty to approach the Court in case Police do not follow the guidelines.

Judgment :-

1. Petitioner in all the above said cases are the accused persons arraigned in different Crime Numbers.

2. It is contended by the learned counsel for the petitioners that though all the above said crime numbers including the cases in which the charge sheets have been filed in C.C.No.2053/2014 and 2054/2014 arising out of the Crime Nos. 138/2014 and 137/2014 on the file of the Gandhi Chowk Police Station in respect of the same transaction and incident, the police have registered different crime numbers in order to cause inconvenience to the accused persons. Therefore, it is contended that the alleged offences committed by all the above accused persons (petitioners) ought to have been consolidated and ought to have been filed one comprehensive charge sheet and should not have registered different crime numbers and investigated independently by filing separate charge sheets on the basis of each and individual crime number.

3. Learned Additional S.P.P. who is appearing for the State in all the above said cases defended Gandhi Chowk Police submitting that, though the incident has happened on 25.06.2014, the time of the incident is shown as between 5.30 to 6.00 p.m., but there are different acts alleged against different accused persons and the aggrieved persons are also different. Therefore, they have filed independent complaints, as such, the police have registered independent crime numbers. Though he contends that independent complaints are registered, but incident and object of the incident are of one and the same transaction and it happened between 5.30 to 6.00 p.m. on that particular day. Therefore, he submits that if the Court comes to the conclusion that the whole incident has taken place constituting common transaction, the Court may issue appropriate direction to the jurisdictional Court as well as to the jurisdictional police in this regard.

4. In order to appreciate the above said rival contentions, it is just and necessary for this Court to have the brief factual matrix of the case. I would like refer to the facts which relates to Crime Nos. 137 and 138 of 2014 which were culminated in C.C.Nos.2054/2014 and 2053/2014 respectively and thereafter, I would like to deal with the contents of the FIR in Crime No. 139/2014 and others.

4(a) In Crl. P. No. 201109/2014 pertaining to Crime No. 137/2014, the police have registered a case for the offences punishable under Sections 143, 147, 148, 336, 353, 333, 307, 504, 506 r/w. section 149 of IPC. A person by name B.R. Simpi, CPC-363 of Bijapur Rural Police, lodged a complaint specifically stating that on 26.05.2014, the complainant and other police personnel went near Janatha Bazaar on Badhobust duty, as some people were celebrating joy in the context of Sri. Narendra Modi’s swearing in as Prime Minister of India. While discharging their duties the police went to near Janatha Bazaar, for bundobust at that time, the accused Ageeba son of Mobin Inamdar, Ali Bagawan, Moinuddin Bilage and other 40 to 60 persons holding deadly weapons in their hands like clubs, iron-rods etc. were hurling abusive words and also prevented the police personnel from discharging their duty, created mob and assaulted the complainant with the iron-rod etc. It is specifically stated that the said incident has happened at about 6.00 pm. The further statement of the said Simpi was recorded on 27.05.2014, in which he has improved his statement stating that, on that particular day of the incident, about 100 to 120 people were gathered near Janatha Bazaar and they were throwing stones and hurling slogans and giving threatening calls to the police and other mob, and he gives the details of about 140 accused persons stating that they were all present at the time of incident and committed such offences. On the basis of such information, after due investigation, the police have submitted the charge sheet in Crime No. 137/2014 which culminated in C.C.No. 2054/2014.

4(b) In Crl. P. No. 201109/2014 pertaining to C





































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top