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Judgment
Krishna S Dixit, J
The subject matter of this Petition is substantially similar to the one in Crl.P.No.3431/2023 between D.K.SHIVAKUMAR vs. STATE OF KARNATAKA, disposed off on 14.07.2023 by a Coordinate Bench of this Court granting relief to the litigant of similar circumstances. This assertion of counsel for the Petitioners is not much disputed by the learned Addl. SPP appearing for the State.
The operative portion of the said Judgement reads as under:
“9. In the light of the aforesaid judgments and the order taking cognizance as quoted hereinabove, permitting further proceedings would become an abuse of the process of law, albeit, prima facie.
10.Therefore, for the aforesaid reasons, the petition is allowed. The proceedings in C.C.No.25317/2022 pending on the file of 42nd ACMM, Bengaluru for the offences punishable under Section 188 of IPC and Section 31 r/w Section 103 of the Karnataka Police Act sands quashed qua the petitioner.”
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 a similarly circumstanced litigant as well, there being no derogatory circumstances.
In view of the above, this Petition is allowed; the proceedings in C.C.No.25317/2022 pending on the file of 42nd ACMM, Bengaluru, are set at naught as against the Petitioners.
The jurisdictional Police shall remit the papers under Section 195(2) of the Code of Criminal Procedure, 1973 to the jurisdictional Magistrate within three weeks and report compliance to the Registrar General of this Court failing which, stringent action may be taken against the said police.
All pending applications pale into insignificance.