Karnataka High Court
Shri. D Mahadev @ Madhu vs The State Of Karnataka on 3 November, 2020
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
Crl.P.No.4455 of 2020
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF NOVEMBER, 2020
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
CRIMINAL PETITION NO.4455 OF 2020
BETWEEN:
1. SHRI. D MAHADEV @ MADHU,
S/O SHRI. N DEVARAJ,
AGE 48 YEARS,
OCC :BUSINESS,
R/AT MANDIBELE ROAD,
VIJAYAPURA TOWN,
DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT - 562 135.
2. SMT. HEMALATHA,
W/O SHRI. D MAHADEV @ MADHU,
AGE: 39 YEARS,
OCC: HOUSE WIFE,
R/AT MANDIBELE ROAD,
VIJAYAPURA TOWN,
DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT - 562 135.
3. SHRI. SAMPATHKUMAR,
S/O SHRI. N DEVARAJ,
AGE: 40 YEARS,
OCC: BUSINESS,
R/AT MANDIBELE ROAD,
VIJAYAPURA TOWN,
DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT - 562 135.
Crl.P.No.4455 of 2020
2
4. SHRI. NAGARAJU,
S/O V.N.SUBBAIAH SHETTI,
AGE: 53 YEARS,
OCC:BUSINESS,
R/AT NO.10, WARD NO.2,
ROJIPURA,
PRIYADARSHINI LAYOUT,
DODDABALLAPURA TOWN,
BENGALURU RURAL DISTRICT - 561 203.
... PETITIONERS
(BY SRI. MUNIRAJU V., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
BY VIJAYAPURA POLICE STATION,
DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT - 562 135.
REPRESENTED BY THE S.P.P.,
HIGH COURT BUILDING,
BENGALURU - 560 001.
2. SHRI. ASHWATHNARAYANASWAMY,
S/O LATE GANGAPPA,
AGED ABOUT 72 YEARS,
R/AT NO.666/36, DEEPA NILAYA,
PRASHANTHANAGARA,
CHIKKABALLAPURA TOWN,
CHIKKABALLAPURA DISTRICT - 562 101.
3. SHRI. JAGADEESH G A.,
S/O SHRI. ASHWATHNARAYANASWAMY,
AGED ABOUT 40 YEARS,
R/AT NO.666/36, DEEPA NILAYA,
PRASHANTHANAGARA,
CHIKKABALLAPURA TOWN,
CHIKKABALLAPURA DISTRICT - 562 101.
... RESPONDENTS
(BY SMT.RASHMI JADHAV, HCGP)
Crl.P.No.4455 of 2020
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THIS CRIMINAL PETITION IS FILED UNDER
SECTION 482 OF CR.P.C. PRAYING TO QUASH ALL THE
PROCEEDINGS IN CR.NO.81/2020 AGAINST TO THE
PETITIONERS, ON THE FILE OF ADDITIONAL CIVIL
JUDGE AND J.M.F.C., DEVANAHALLI, BENGALURU
RURAL DISTRICT AND REGISTERED FIR BY THE
VIJAYAPURA POLICE STATION, DEVANAHALLI TALUK
AND BENGALURUU RURAL DISTRICT, FOR THE
OFFENCES P/U/S 424, 506, 418, 420 AND 417 OF IPC.
*****
THIS CRIMINAL PETITION COMING ON FOR
ORDERS, THROUGH VIDEO CONFERENCE, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
1. The petitioners are before this Court seeking for quashing of proceedings in Crime No.81/2020 registered by Vijayapura Police Station, Devanahalli, Bengaluru Rural District, Bengaluru pending on the file of Additional Civil Judge and JMFC, Devanahalli for the offences punishable under Sections 424, 506, 418, 420 and 417 of IPC.
2. The petitioners is stated to have filed a private complaint in PCR No.63/2020 before the Additional Crl.P.No.4455 of 2020 4 Civil Judge and JMFC, Devanahalli which has been referred to investigation to the Station House Officer, Vijayapura Police Station by order dated 17.02.2020 of the said Court.
3. In the said complaint, it was stated that the first petitioner herein and the third respondent herein are running the business of packaging of drinking water in the name and style of Nandini Enterprises as regards which there were various disputes more particularly as regards allegations which have been made by the first petitioner and the third respondent that there is falsification of account, misappropriation of money, forgery of documents etc.
4. It is stated that one more private complaint in PCR No.50/2020 is filed by the first petitioner against respondent No.2 herein alleging that the second respondent herein and his son had misappropriated monies and the son of respondent No.2 had forged the documents and signature of first petitioner and Crl.P.No.4455 of 2020 5 respondent No.2 has obstructed the working and business of first petitioner and threatened the first petitioner with bodily injuries etc., The said matter has been referred to PSI, Siddlagatta Police Station on which basis, the Siddlaghatta police have registered Crime No.212/2020.
5. When the matter stood thus, and the said investigation was pending, respondent No.2 has filed a complaint which is now registered as Crime No.81/2020 more or less making similar allegations which were made by the first petitioner against the third respondent. This time the second respondent has filed a complaint against the first petitioner.
6. In both the complaints, it is pertinent to note that the dispute between the first petitioner and the third respondent and the second respondent and the first petitioner arises out of the very same business i.e. packaging and supply of drinking water. Crl.P.No.4455 of 2020 6
7. Smt. Rashmi Jadhav, learned HCGP accepts notice for respondent No.1.
8. Since the matter is being disposed of, no notice to be issued to respondent Nos.2 and 3.
9. Having considered the allegations made in both the complaints made by the first petitioner against the third respondent as also in the complaint filed by the second respondent against the first petitioner, I am of the considered opinion that the allegations made are that the business which has been carried out by the first petitioner along with the third respondent and the allegations being more or less are identical, I am of the opinion that both the complaints would have to be investigated by the very same police station namely, Vijayapura police station, Devanahalli, Bengaluru Rural District, Bengaluru.
10. In view thereof, the petition is disposed of directing the Vijaypura Police Station to investigate the Crime No.81/2020 pending on the file of Additional Civil Crl.P.No.4455 of 2020 7 Judge and JMFC, Devanahalli as also Crime No. 36/2020 together.
11. Accordingly, the petition is disposed of.
Sd/-
JUDGE SSD