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Judgment
Krishna S Dixit, J
The subject matter of this Petition, learned counsel for the Petitioner submits, and learned Addl. SPP does not dispute is substantially similar to the one in Crl.P.No.5952/2023 & Connected matters, between SRI. SAMPANNA MUTALIK & ANOTHER VS. STATE OF KARNATAKA & OTHERS, heard & disposed off by a Coordinate Bench of this Court vide Judgment dated 06.10.2023 and therefore, he insists that whatever reliefs that was granted to the litigants therein, needs to be extended to his client as well on the principle of parity.
Learned Coordinate judge in his well considered Judgment running into 44 pages has framed, the operative portion of the same reads as under:
“15. For the aforesaid reasons, I pass the following:
ORDER
(i) Criminal petitions are allowed and the proceedings in C.C.No.2319 of 2023 pending before the II Additional Civil Judge and Judicial Magistrate First Class, Davangere stand quashed qua the petitioners.
(ii) It is made clear that the observations made in the course of the order are only for the purpose of consideration of the case of petitioners under Section 482 of Cr.P.C. and the same shall not bind or influence the proceedings against any other accused pending before the learned Magistrate or any other fora.”
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 of on 11.12.1974, has held that the Court should treat the like-cases alike and if relief is granted to a litigant, it has to be extended to similarly circumstanced litigants as well, there being no derogatory circumstances.
In view of the above, this Petition is allowed and the proceedings in C.C.No.2319/2023 pending before the learned II Additional Civil Judge and Judicial Magistrate First Class, Davangere, is hereby quashed.