Shri C P Yogeshwara S/O Sh ... vs Serious Fraud Investigation Office on 20 November, 2012

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Karnataka High Court

Shri C P Yogeshwara S/O Sh ... vs Serious Fraud Investigation Office on 20 November, 2012

Bench: H.N. Nagamohan Das

                          1




IN THE HIGH COURT OF KARNATAKA AT BANGALORE

      DATED THIS THE 20TH DAY OF NOVEMBER, 2012

                          BEFORE

   THE HON'BLE MR. JUSTICE H.N. NAGAMOHAN DAS

                 CRL.P NO 3393 OF 2012

BETWEEN

SHRI C P YOGESHWARA
S/O SH PUTTAMADEGOWDA
AGED ABOUT 48 YEARS
MANAGING DIRECTOR OF MEGACITY(BANGALORE)
DEVELOPERS & BUILDERS LTD.,
464, 1ST "G" CROSS, 2ND PHASE,
BANASHANKARI 3RD STAGE,
BANGALORE - 560085
                                    ... PETITIONER
(By Sri : M/S TOMY SEBASTIAN ASSTS)

AND

SERIOUS FRAUD INVESTIGATION OFFICE
MINISTRY OF CORPORATE AFFAIRS,
GOVERNMENT OF INDIA
2ND FLOOR, PARYAVARAN BHAVAN,
CGO COMPLEX, LODHI ROAD,
NEW DELHI - 110003,
REP. BY ASSISTANT DIRECTOR
                                         ... RESPONDENT

(By Sri : B P PUTTASIDDAIAH ADV & CGC)
                              2




CRL.P FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE
PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE
PLEASED TO QUASH THE CRIMINAL PROCEEDINGS IN
C.C.NO.6906/2012 ON THE FILE OF THE I ADDL. C.M.M.,
BANGALORE CITY IN ORDER DATED 27.02.2012 REGISTERING
THE CASE AGAINST THE PETITIONER FOR THE OFFENCE P/U/S
177,416,419 AND 420 OF IPC.

This petition coming on for orders, this day, the court made the
following;

                             ORDER

In this petition the petitioner has prayed for quashing the proceedings in C.C.No.6906/2012 on the file of I Addl.Chief Metropolitan Magistrate, Bangalore city.

2. Respondent initiated proceedings against the petitioner in C.C.No.6906/2012 for the offences punishable under Section 177, 416, 419 and 420 IPC. Respondent has also initiated the proceedings against the petitioner in C.C.No.28/2012 on the file of Special Court (Economic Offence) for the offences punishable under Section 266(G) and Section 628 of the Companies Act. The basis for initiating both the proceedings against the petitioner is for furnishing false information, 3 misappropriation etc. Respondent is relying on the same set of evidence in both the proceedings. For the same offence if two proceedings are initiated before two separate courts, it may result in conflicting of decisions, duplication of evidence, waste of time etc. There is no legal bar for the Special Court (Economic Offence) to try for the offences punishable under IPC which are interlinked with the offences under the provisions of the Companies Act. On the other hand the proceedings before the Special Court cannot be transferred to the regular Magistrate. In the circumstances, it is necessary in the interest of both the parties to transfer the proceedings in C.C.No.6906/2012 to the Special Court (Economic Offence) to be tried together with C.C.No.28/2012. Accordingly the following:

ORDER

i) Petition is hereby disposed of.

ii) The proceedings in C.C.No.6906/2012 pending on the file of I Addl.Chief Metropolitan Magistrate, 4 Bangalore is hereby transferred and assigned to Special Court (Economic Offence) Bangalore to be tried together with C.C.No.28/2012 in accordance with law.

iii) Ordered accordingly.

Sd/-

JUDGE.

DKB

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