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Judgment
Krishna S Dixit, J
The subject matter of this Petition, learned counsel for the Petitioner submits and the learned Addl. SPP does not dispute, is covered by the decision of a Coordinate Bench decision of this Court in Crl.P.No.3856/2023 between SRI. D.K.SHIVAKUMAR vs. STATE OF KARNATAKA & ANOTHER, disposed off on 16.06.2023.
The Coordinate Bench in its short order has observed as under:
“The petitioner who is accused No.1 in C.C.No.194 of 2022 is before this Court calling in question entire proceedings. The subject issue also arises out of the facts obtaining in Criminal Petition No.5726 of 2022 as the offences alleged are the very same that are obtaining in Criminal petition No.5726 of 2022 except varying of crime numbers and charge sheet numbers. Since offences alleged in this petition are the same and based upon the very same set of facts as obtaining in Criminal Petition No.5726 of 2022, I deem it appropriate to allow the subject petition for the very reasons rendered in Criminal Petition No.5726 of 2022.
Therefore, I pass the following:-
ORDER
(i) Criminal Petition is allowed.
(ii) Proceedings in Criminal Case No.194 of 2022pending before the Principal Civil Judge (Junior Division) & JMFC, Kanakapura, arising out of Crime No.1 of 2022 of Kanakapura Town Police Station stand quashed.
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 judicial process is normative and where is a relief granted to a citizen/litigant, similar relief needs to be extended to other similarly circumstanced litigants, unless there are derogatory factors, operational principle being parity & equality. No derogatory circumstances are pointed out from the record.
In the above circumstances, this Petition succeeds; the impugned proceedings in C.C.No.194/2022 (arising out of Crime No.1/2022 registered by the Kanakapura Rural Police), then pending on the file of learned JMFC Kanakapura and now pending on the file of Principal Civil Judge & JMFC, Kanakapura stand quashed qua the Petitioner.