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D V YASHWANTH KUMAR – Appellant
Versus
STATE BY SAKALESPURA TOWN POLICE STATION – Respondent
WP 3198/2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF APRIL, 2021
BEFORE:
THE HON9BLE MR. JUSTICE H.P. SANDESH
WRIT PETITION No.3198/2021 [GM-RES]
BETWEEN:
1.
D V YASHWANTH KUMAR
ADVOCATE,
S/O VIRUPAKSHAPPA,
AGED ABOUT 42 YEARS,
R/AT DEENAHALLY VILLAGE,
KASABA HOBLI,
SAKLESHPURA TALUK,
HASSAN DISTRICT.
2.
JYOTHI
ADVOCATE,
W/O RAJKUMAR,
AGED ABOUT 40 YEARS,
TOWN MUNICIPAL COUNCILOR,
VINOBHA ROAD,
NEAR GAYATHRI THEATRE,
SAKALESHPURA TOWN,
HASSAN DISTRICT 3 573 201.
3.
B PARAMESHWARA
ADVOCATE,
S/O BELUREGOWDA,
AGED ABOUT 68 YEARS,
LAKSHMIPURAM EXTENSION,
SAKLESHPURA TOWN,
HASSAN DISTRICT 3 573 201.
... PETITIONERS
[BY SRI. ASHOK HARANAHALLI, SENIOR COUNSEL FOR
SMT. SANDHYA.D., ADVOCATE]
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AND:
1.
STATE BY SAKALESPURA TOWN
POLICE STATION
REPRESENTED BY STATE
PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA BUILDING,
BENGALURU 3 560 001.
2.
SMT K. P. KALPANA
W/O L KEERTHI,
S P ROAD, SAKLESHPURA TOWN,
HASSAN DISTRICT 3 573 201.
& RESPONDENTS
[BY SRI. H.R. SHOWRI, HCGP FOR R1;
NOTICE TO R2 IS HELD SUFFICIENT VIDE ORDER DATED
15.03.2021]
THIS PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.PC,
PRAYING TO QUASH THE FIR REGISTERED BY THE 1ST
RESPONDENT SAKALESHPURA TOWN P.S. IN CRIME NO.
155/2020, FOR THE OFFENCES PUNISHABLE UNDER SECTION
3 (1)(r), 3(1)(s), OF SC/ST(PA) AMENDMENT ORDINANCE 2014,
VIDE ANNEXURE-A.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
8B9 GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R
This petition is filed under Article 226 of the
Constitution of India read with Section 482 of the
Cr.PC, praying this Court to issue a writ of certiorari by
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quashing the FIR registered by the Respondent No.1,
Sakleshpur Town Police in Crime No.155/2020 for the
offences punishable under Sections 3[1][r], 3[1][s] of the
Scheduled Castes and the Scheduled Tribes [Prevention
of Atrocities] Amendment Ordinance, 2014 and pass
any other appropriate writ or order or direction as
deemed fit in the circumstances.
2.
Learned counsel for the petitioners in view of filing
of the charge sheet also filed an application in I.A.
No.1/2021 under Section 482 of Cr.PC praying this
Court to quash the charge sheet filed by the
respondent-Police in C.C. No.383/2020 in respect of
Police Crime No.155/2020 and the same is orally
opposed by the learned High Court Government Pleader.
3.
Petitioners9 Counsel in his arguments vehemently
contended that on perusal of the entire complaint which
is annexed as Annexure-A discloses that the dispute is
with regard to removal of the name of the complainant
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in the voters9 list of the Bar Association. The offence
under Sections 3[1][r] and 3[1][s] of the special
enactment are invoked. The complaint does not
disclose any ingredients of the offences which has been
invoked against the petitioners herein. Petitioners9
Counsel also contends that on entire reading of the
complaint except mentioning that she belongs to a
particular community, but nothing is averred taking her
caste name or abusing her. The only allegation is that
she belongs to a particular community and her right
has been curtailed by removing her name and when she
questioned, they did not allow her to question the
removal of her name from the voters list and not
participating in the bar election.
4.
Learned Counsel also contends that even during
the course of investigation also, the Police have not
investigated the matter properly and looking into the
contents of the complaint and also statement of the
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complainant, they have filed charge sheet and while
filing the charge sheet also, invoked other offences
under Sections 3[1][[L][a], 3[1][u] of the Scheduled Caste
and
Scheduled
Tribe
[Prevention
of
Atrocities]
Amendment Act, 2015. There is no any material before
the Court to invoke the special enactment and Counsel
would vehemently contend that it
