Karnataka High Court
Arshiyanaz M Ganganalli vs The State Of Karnataka And Anr on 20 June, 2023
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2023:KHC-K:1274
CRL.P No. 201192 of 2022
IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
DATED THIS THE 20TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 201192 OF 2022 (482-)
BETWEEN:
1. ARSHIYANAZ M GANGANALLI
D/O MAQSOOD AHMED AGE. 30 YEARS OCC.
ACCOUNTANT OUT SOURCE R/O J M ROAD, ALLAPUR
BASE, NEAR MUDHOL HOSPITAL WARD NO. 18,
NEAR HAKIM CHOWK VIJAYAPURA, VIJAYAPURA
586101
...PETITIONER
(BY SRI. SANJAY A PATIL,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH POLICE, SINDGI POLICE STATION DIST.
VIJAYAPURA, 586101, REPRESENTED BY ADDL. SPP.
Digitally signed HIGH COURT OF KARNATAKA, KALABURAGI BENCH
by LUCYGRACE
58517
Location: HIGH
COURT OF
KARNATAKA 2. SURESH S/O DHANSINGH NAYAK
CHIEF OFFICER PURASABHA SINDGI, AGE, MAJOR,
R/O HADALSANG LT, TQ. INDI, PRESENTLY
RESIDING AT KALYAN NAGAR, NEAR SEVA LAL
TEMPLE SINDGI, DIST. VIJAYAPURA-586101
...RESPONDENTS
(BY SRI GURURAJ V HASILKAR, HCGP FOR R1,
SRI CHAITANYA KUMAR C M, ADVOCATE FOR R2)
THIS CRL.P FILED U/S.482 OF CR.P.C. BY THE ADVOCATE
FOR THE PETITIONER PRAYING THAT THIS HONOURABLE
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NC: 2023:KHC-K:1274
CRL.P No. 201192 of 2022
COURT MAY BE PLEASED TO A) QUASH THE CHARGE SHEET
NO.253/2020 DATED 03.01.2022 ARISING OUT OF CRIME
NO.253/2020 FILED BY THE Ist RESPONDENT POLICE / SINDGI
POLICE STATION, DISTRICT VIJAYAPURA AGAINST THE
PETITIONER FOR THE OFFENCE PUNISHABLE U/SECS. 409,
408, 420 R/W 34 OF IPC AND CONSEQUENTLY QUASH THE
ENTIRE PROCEEDINGS IN C.C. NO.660/2022 PENDING ON THE
FILE OF CIVIL JUDGE AND JMFC, SINDGI, DISTRICT
VIJAYAPURA, IN THE INTEREST OF JUSTICE. B) PASS ANY
APPROPRIATE ORDER OF DIRECTION AS DEEM FIT BY THIS
HONOURABLE COURT UNDER THE FACTS AND
CIRCUMSTANCES OF THE CASE, SO AS TO SECURE ENDS OF
JUSTICE.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is sought to be prosecuted for the offences punishable under Sections 408, 409, 420 read with Section 34 of IPC.
2. The summary of the charge sheet is that, a sum of Rs.50,00,000/- was released for construction of first floor of the Town Municipality, and the accused without inviting tender entrusted the work to accused No.1, and without constructing the building, the accused No.1 raised bills, and the accused No.2 issued two cheques for a sum of Rs.10 lakh and Rs.20 lakh respectively in favour of the accused No.1, and thereby the accused defrauded the government. The learned Magistrate, after accepting the charge sheet, took the cognizance of the aforesaid offences and issued summons. Taking exception of the same, the accused No.5 is before this Court.
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3. Heard the learned counsel for the petitioner, the learned High Court Government Pleader for the respondent No.1 and the learned counsel for the respondent No.2.
4. It is undisputed that, the accused No.5 was appointed as Outsource Accountant. The Authority to invite tender to entrust the work for construction of building vested with the accused No.2, and the accused No.5 had no role in either inviting the tender or entrusting the work to the accused No.1. The charge sheet material further indicates that, the cheques issued in favour of the accused No.1 have been signed and handed over by the accused Nos.2 and 3, and not by the accused No.5. In the absence of any material that, the petitioner - accused No.5, by misusing her position, has entrusted the work to the accused No.1 without inviting the tender, the cognizance taken by the learned Magistrate is without any substance. Hence, the continuation of criminal proceeding against the accused No.5 will be an abuse of process of law. Accordingly, I pass the following:
ORDER
i) Criminal petition is allowed.
ii) The impugned proceeding in CC No.660/2022 pending on the file of the Civil Judge and JMFC, Sindgi, District Vijayapura, insofar as it relates to the accused No.5 is hereby quashed.-4-
NC: 2023:KHC-K:1274 CRL.P No. 201192 of 2022
iii) The learned Magistrate to proceed against other accused in accordance with law without being informed by any of the observations made in this order.
Sd/-
JUDGE BKM List No.: 1 Sl No.: 40