SANTOSH & ANR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This petition is filed for transfer of proclamation and attachment proceedings bearing CC No. 2273 of 2012 titled State of Karnataka vs. Santosh & Anr. pending before the Court of Vth Additional Civil Judge & JMFC, Kalaburagi, Karnatka, initiated against the petitioners. The said proceedings are the off shoot of FIR (Crime) No. 94/2011 registered under Sections 143,147, 366A, 109,457,380 & 149 of the Indian Penal Code, 1860 (in short 'the IPC') at Police Station, Gulbarga Rural, Karnataka. It is not in dispute that the said FIR has been quashed by the Delhi High Court on 20th March, 2017 in Crl.M.C. No.2722 OF 2016 and Crl.M.A. No.11660 OF 2016. If the FIR is quashed, the question of continuing the proclamation and attachment proceedings against the petitioners in connection with the same FIR does not arise. In other words, the stated proceedings cannot continue any further. Accordingly, we deem it appropriate to mould the relief claimed in the petition in exercise of our power under Art. 142 of the Constitution of India and quash the proclamation and attachment proceedings bearing CC No. 2273 of 2012, to do complete justice.

(3.) Transfer Petition is allowed accordingly.