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Judgment
Krishna S Dixit, J
Learned counsel for the Petitioner submits that the subject matter of this Petition is substantially similar to the one in VIJESH PILLAI VS. STATE OF KARNATAKA, 2023 SCC ONLINE KAR 32, whereby similar proceedings impugned therein have been quashed. Learned Addl. SPP submits that there is statutory requirement for the Police to transmit the papers to the Jurisdictional Magistrate for processing the same in accordance with law. There is force in this submission, as well.
A Division Bench of this Court in W.A.Nos.932-933/1974 between A.V.VINODA & ANOTHER VS. STATE OF KARNATAKA BY ITS COMMISSIONER & SECRETARY disposed off on 11.12.1974, has held that like cases should be treated alike and if relief is granted to a litigant, same relief cannot be denied to the other similarly circumstanced litigants, subject to all just exceptions. There are no factors that militate against this general norm of adjudication.
In view of the above, Petition is allowed; the impugned proceedings in C.C.No.1256/2023 having been quashed, the Police is directed to transmit case papers forthwith, to the jurisdictional Magistrate to process the same under Section 195(2) of the Code of Criminal Procedure, 1973, forthwith.
The police shall file the proof of such transmission of papers with the Registrar General of this Court within four weeks, failing which, personal presence may be ordered for taking punitive action.
In view of disposal of the main matter, I.A.No.1/2024 for stay does not survive for consideration.