H N NANJAGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this revision petition filed under Ss. 397(1) read with 401 Cr.P.C. the petitioner Mr. H. N. Nanjegowda, who is accused-1 in Crime No. 26/84 of Cubbonpet Police Station, has sought to challenge the legality and correctness of the cognizance taken, process issued and the criminal proceedings instituted against him, in CC. No. 70/34, on the file of the Metropolitan Magistrate, VI Court, Bangalore City, for the offences punishable under Ss. 143, 186 & 341 IPC.

(2.) The facts of the case giving rise to the revision are as follows : On the complaint of one Smt. Gangamma, wife of Mr. Ugranarasimhappa, M.L.A. of Pavagada, that on Januarys, 1984, one Congress-(l) worker by name Sampaiah, resident of Tumkur, had abducted her husband Mr. Ugranarasim- happa from the house of her brother Narasimhappa situated at Shantinagar, within the jurisdiction of Tilak Park Police Station, Tumkur, on 12-1-1984, at about 2 AM, the Sub Inspector of Police of Tilak Park Police Station, Tumkur, registered a case in Crime No. 10/84 for the offence punishable under S. 365 IPC and issued F.I.R. to the Court. Later on, the Circle Inspector of Police, Tumkur, namely Mr. M. Ramaiah, took up further investigation. During the course of the investigation, when it allegedly transpired to him that Mr. Ugranarasimhappa M.L.A. had been wrongfully confined in the residential house of Mr. H. N. Nanjegowda, M.P. at No. 38, Lavelli Road, Bangalore-1, and there was danger to his life, on January 13, 1984, at about 2-30 AM, he approached the Metropolitan Magistrate, VI Court, Bangalore, with an application for search warrant and having managed to obtained a search warrant, at about 4-50 AM on the same day (13-1.84) accompanied by subordinate members of the staff including the Sub Inspectors of Cubbon Park Police Station, Bangalore, and the Tilak Park Police Station, Tumkur, and two panchas, he went to the house of Mr. H. N. Nanjegowda and knocked at the door. Whan the petitioner Mr. Nanjegowda opened the door, and standing at the door, questioned as to why they had come and the Inspector Mr. M. Ramaiah reading over the warrant issued told him the purpose of his visit, Mr. Nanjegowda, it is alleged, suddenly closed the door, latched it from behind, and went inside shouting and through phone called his supporters and within a short time nearly 200 people gathered there and inspite of being told that he had gone there to execute the search warrant issued by the court, they prevented him from executing the warrant and by the back-door Mr. Ugranarasimhappa was removed to some unknown place. The Inspector therefore being unsuccessful in executing the warrant, went to the Cubbon Park Police Station and accordingly lodged a complaint against the petitioner and unknown others, on the basis of which the P.S.I, of Cubbon Park Police Station registered a case in Crime No 26/84 and issued F.I.R. to the court.

(3.) On January 13, 1984, itseif, later on when Mr. Ugranarasimhappa appearing through his Advocate made an application for recalling the search warrant issued, the learned Magistrate keep. ing the search warrant in abeyance, directed to recall the same, awaiting the report of the Inspector. Later on, on the same day, at about 2 PM, when the Inspector also returned the warrant with a report explaining in detail how the warrant could not be executed and on January 16, 1984, when Me. Ugranarasimhappa himself appearing before the Magistrate filed an affidavit, the Magistrate directed to close the proceedings of search warrant instituted in C. M;S. 5/84, on his file.