- 1 -
NC: 2025:KHC:11434
CRL.P No. 2174 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 2174 OF 2024
BETWEEN:
UMESH. R
S/O RAMAIAH,
AGED ABOUT 34 YEARS,
C.A.R. SOUTH ADUGODI,
R/AT NO.4, IST BLOCK,
SHARAWATHI BUILDING,
C.A.R. SOUTH POLICE QUARTERS,
ADUGODI,
BENGALURU CITY-560 030. …PETITIONER
(BY SRI. SUNIL KUMAR S.,ADVOCATE)
AND:
1. STATE OF KARNATAKA,
BY PARAPPANA AGRAHARA P.S.,
RPTD. BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
HIGH COURT COMPLEX,
BENGALURU-560 009.
2. DR. MALLIKARJUN B. SWAMY,
S/O NOT KNOWN,
AGED ABOUT 56 YEARS,
SUPERINTENDENT,
CENTRAL PRISONS,
PARAPPANA AGRAHARA,
BENGALURU CITY-560 100. …RESPONDENTS
(BY SRI. JAGADISH, ADDL. SPP A/W
SRI. M R PATIL, HCGP FOR R1 AND R2)
- 2 -
THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR
THE PETITIONER PRAYING TO QUASH THE ENTIRE CHARGE SHEET
AND CONSEQUENTLY THE ENTIRE PROCEEDINGS IN
CR.NO.191/2023 REGISTERED BY THE PARAPPANA AGRAHARA P.S., FOR THE OFFENCE P/US/ 8(C),22(c),25,27(A) OF NDPS ACT AND
SEC.42 OF THE KARNATAKA PRISONS (AMENDMENT) ACT 2022 AND
SEC.424 OF IPC NOW PENDING IN SPL.C.NO.87/2024 ON THE FILE
OF THE HONBLE XXXIII ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE AND SPECIAL JUDGE FOR NDPS CASE AT BENGALURU (CCH-
33) IN SO FAR AS THE PETITIONER/ACCUSED NO.8 IS CONCERN.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The petitioner - accused No.8, who is facing trial for the offences punishable under Sections 8(C), 22(C), 25, 27(A) of Narcotic Drugs & Psychotropic Substances Act, 1985, Section 42 of the Karnataka Prisons (Amendment) Act, 2022 and Section 424 of IPC, is before this Court seeking the following relief:
i. Quash the entire charge sheet and consequently the entire proceedings in Crime No.191/2023 registered by the Parappana Agrahara P.S. for offence punishable under Sections 8(C), 22(C), 25, 27(A) of NDPS Act, and Section 42 of the Karnataka Prisons (Amendment) Act, 2022 and Section 424 of IPC, now pending in Spl.C.No.87/2024 on the file of the Hon'ble XXXIII Addl.City Civil and Sessions Judge and Special Judge for NDPS Cases at Bengaluru (CCH-33) in so far as the petitioner/accused No.8 is concern in the ends of justice.
ii. Pass such other order or orders as this Hon'ble Court may deem fit in the facts and circumstances of the case in the ends of justice."
- 3 -
2. The prosecution alleges that petitioner/accused No.8, who was one of the escort police, during escorting accused Nos.1 to 13, supplied drugs and mobile phone to accused Nos.5 and 7 and also the allegation against accused No.8 is that he has received a sum of Rs.5,000/- from accused No.7 for assisting accused Nos.1 and 2 in carrying the drugs and mobile phones to the prison.
3. Learned counsel for the petitioner submitted that the alleged offences have been committed by the petitioner during the course of discharge of his official duty and therefore, before sanction to prosecute against the petitioner, the cognizance taken by the learned Magistrate itself vitiates.
4. In response, learned Addl.SPP submitted that the sanction to prosecute although does not form part of the charge sheet, however, the competent authority has granted sanction to prosecute and therefore, the congizance taken by the Special Court is in accordance with law.
5. Heard the learned counsel for the petitioner and the learned Addl.SPP for the respondent State.
6. Admittedly, the offences alleged to have been committed by the petitioner are during the course of discharge of his official duty and therefore, before taking cognizance, competent authority was required to grant sanction to prosecute as stated in Section 197 of Cr.P.C. In the instant case, sanction to prosecute granted by the competent authority
- 4 -
is not part of the charge sheet. Therefore, the cognizance taken by the Special Court in the circumstances stands vitiated. In such circumstances, I pass the following order:
ORDER
i) The Petition is allowed.
ii) The impugned proceedings in Spl.C.No.87/2024, on the file of XXXIII Addl.City Civil and Sessions Judge and Special Judge for NDPS Cases at Bengaluru (CCH-33), in so far as it relates to the petitioner/accused No.8, is hereby quashed. The trial Court is at liberty to take congnizance of the offences as alleged against the petitioner in the event the prosecution places on record the sanction to prosecute as per Section 197 of Cr.P.C.
All contentions of the parties are kept open.
Sd/-
(HEMANT CHANDANGOUDAR)
JUDGE
BK
List No.: 1 Sl No.: 157
Comments