HAJARATLI SARDAR NADAF Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner, who is arraigned as accused, has sought quashing of the order dtd. 10/2/2017 taking cognizance in C.C.No.374/2017 on the file of the Principal Civil Judge and JMFC, Khanapur for the offences punishable under Sec. 32, 38A and 43 of the Karnataka Excise Act.

(2.) It is the case of the petitioner that the respondent-police have registered a case in Crime No.54/2015-16 on 12/3/2016 against unknown person alleging that on the said date at about 8.30 pm while complainant and his staff were on patrolling duty, they intercepted motorcycle bearing registration No.KA- 28/ED-1785. The rider ran away from the spot leaving the vehicle and alcohol bottles were recovered from the said vehicle. After conducting investigation, charge sheet came to be filed against the petitioner on the ground that he was the registered owner of the vehicle in question.

(3.) During the course of arguments, learned counsel representing the petitioner submitted that without application of mind, the Trial Court has passed the order of taking cognizance. The name of the petitioner is not forthcoming in the complaint. However, as on the date of the incident, the petitioner was not the owner of the vehicle in question. He purchased the said vehicle on 7/6/2016, whereas the incident took place on 12/3/2016. Without verifying the records properly, the concerned police have blindly filed charge sheet against him.