Sri Basavantappa S/O Shivappa ... vs The State Of Karnataka on 1 September, 2008

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Karnataka High Court

Sri Basavantappa S/O Shivappa ... vs The State Of Karnataka on 1 September, 2008

Bench: C.R.Kumaraswamy

 

. ..  .IC1Rcurr'AEaENc3, AT DHARWAD

IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD '

DATED "nus me 015*' DAY ou= SEPTEhdBERV..2'GI¢I.3I£fs' A
BEFORE Ii A I
THE HOWBLE MR. JUSTICE czfﬁ;KuMARAs$1vAm..i'.. 
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Demegu: A  A A A  
SRI.8ASAVAN'fAPPA     - 
s/o.sH1vAP:==A BENA(;HAf~1AF'ADlE  '. A A
AGE:66YEARS  
occ: RETIRED SERVANT OETHE  I
co»o9EAnA1IvE.so::1En:LTD.,. I  ~  A
HEBBALLI,R/O;HE§';ﬂA1.LI3-.     

TQ: DHARWAD   
I   ...PETITIONER

(vBY'ISRI::?B_  ADD)":

_.D_AN I A . I I L  I I

THE STATE' KARNAVTAKA.I.'IA'

av ADVOCATE GENERAL'

HIGHQCOURT or KARNATAKA

...RESPONDENT

. :'.._«A(VB'aI"$I§IT~:Ai'IAND K. NAVALGAMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CR;-53.C., 1973, ?RAYING T0 QUASH THE PROCEEDINGS IN <;.<:';:s;o.19e/zoo: PENDING serene JMFGII coum, DHARWAD, mom rrs mcsrrrxon 02.11.2900 "F0 DATE AS THE PETITIONER IS ULTREVIRES THE IURISDICTION OF IPC AND TO SET ASIDE THE ORDER DATED 29.10.2007 OF THE HONBLE TRIAL COURT MADE In c.c.rao.19o/2001 As NOT TENABLE IN LAW AND TO SET ASIDE THE ORDER DATED 31.03.2008 OF PRL. DISTRICT AND SESSIONS JUDGE, DHARWAD, MADE IN CRL. REVISION NO.219/2007 AS NOT TENADLE IN LAW.

THIS CRIMINAL PETITION COMING ON FOR ADMISSION BEFORE THE COURT THIS DAY, THE COURT MADE THE FOLi_OWING:---

,£_/' Q..B...l2_E_8 This Criminei Petition is flied under Section Cr.P.C. praying to quash the proceedings in H pending before the J.M.F.C. - II, Dharwad.

2. Though the matter is posted ajfori' at}n':issfion',VT1zvith_:A consent of the learned counsel'iVfe--r..the'petitioner Aleslwelii as the learned High Court Govt. P3e_aiifie:r,*t»his rhatter heared on merits. The meteﬁalfélaced gon °'reeo:rd_ is sufficient to dispose of the case; V The._petitiener'fe§as.e»"we:rk§ng-es a Secretary for the past 33 years at Hebhvaliii' Grama"'3'Jlericuitural Service Co--operal:ive 4__.VSociety_ir The Auwttiteanvmi audited for the year 1997-98 and was misappropriation of Rs.4,99,087-- so ~dl§riphg""4tt;v¢'l§__ heeled from o1.o4.1997 to 31.03.1993, and the s'a'mefh'a's"""been used by the accused. Therefore, the agency has investigated the case and Said '.'_«cha.rgeeheet against the accused for the offences punishable it .:'.4:tll'i'£i.:er Section 403 and 409 of tech

4. In the trial Court, the accused ﬁled an application under Section 190 of the Cr.P.C. read with Section 111(2) of V the Karnataka Co~operative Societies Act, 1959. The said application was rejected by the learned Magi.s"trate. Aggrieved by the same, the accused preferred Petition before the Court of Sessions, andM_ti!.e Sessions also dismissed the said Re\fisio'n'Petitio;n by the same, he has approached thAi4S._Cb':Ollft of the petition under Section 482 o€i4l:C'r~"i..P.C.V. V

5. Learned counsei..'Vfo.r 'Athei.,'petit:.§;n'er submitted that sanction is required to p:rosecfute*--the for the offence of criminal .» thelearned Magistrate has relied antitizsjigecisgon"ieporté:Mré m 2004 KAR 4439, wherein:"'this_ 'dictum that sanction under Section 11VVi"~«of'vth:ev._ Karnetaka Co~operative Societies Act, to prosecute the accused for the Viv'-r.oi'fence p.Li_nisheb--le under Section 408 of IPC. Therefore, the Sessio'nsvCoii;rt.r1'has come to a conclusion that there is no ﬂrpneritu intgthve application ﬁled by the accused and has it the order of the trial Court. The same point is if before this Court.

6. The investigating agency after investigation has laid chargesheet against the accused, who is petitioner herein, for the offence punishable under Section 408 and 4-09 of IPC. I 6/ have perused the FIR and also the chargesheet. In the chargesheet, it is indicated that the petitioner has misappropriated an amount to the tune of Rs.4,994iQt§T?::4i3_0. Filing of the chargesheet itself constitutes the _ against the petitioner. This Court mil exerc'ise'fjth'e-:::p«oiwer w under Section 482 of Cr.P.C. only inﬂrargt ioi"7the.'rare This is not one of the rare ca.se-..gvher'e.v_v§e casi"'e';a:e4rg;ise:: the_:'*. power under Section 482 of oetition is deviod of merits. . it 2

7. In the resoit, I p_<a's's' th'¥ev_fo!i:oyri.n'g:: it it Sd/-.

Judge

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