Karnataka High Court
National Projects Construction vs Station House Officer on 9 November, 2020
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
W.P. No.12559 OF 2020
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9 TH DAY OF NOVEMBER, 2020
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO.12559 OF 2020 (GM-RES)
BETWEEN:
NATIONAL PROJECTS CONSTRUCTION
CORPORATION LIMITED
A GOVT. OF INDIA ENTERPRISE
HAVING ITS REGISTERED OFFICE AT
RAJA HOUSE 30-31
NEHRU PLACE
NEW DELHI-110019
ALSO HAVING ITS
SOUTHERN ZONAL OFFICE AT
# 1316, 2ND CROSS
K.H.B. COLONY MAGADI ROAD
BANGALORE-560079
BY ITS PROJECT MANAGER
...PETITIONER
(BY SRI. S KALYAN BASAVARAJ, ADVOCATE)
AND:
1. STATION HOUSE OFFICER
TOWN POLICE STATION
CHITRADURGA
CHITRADURGA DISTRICT-577501
2. THE PROJECT DIRECTOR
DISTRICT URBAN DEVELOPMENT CELL
CHITRADURGA DISTRICT
CHITRADURGA-577501
W.P. No.12559 OF 2020
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3. THE DEPUTY COMMISSIONER
CHITRADURGA DISTRICT
CHITRADURGA-577501
... RESPONDENTS
(BY SMT. NAMITHA MAHESH.B.G, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & SS7
OF THE CONSTITUTION OF INDIA, PRAYING QUASH THE FIR IN
CRIME NO.386/2017 DTD.27.9.2017REGISTERED BY THE R-1
POLICE PRODUCED AS ANNEXURE-A PENDING ON THE FILE O THE
LEARNED PRINCIPAL CIVIL JUDGE (JR.DN) AND JMFC AT
CHITRADURGA DISTRICT, CHITRADURGA.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THROUGH VIDEO CONFERENCE THE
COURT MADE THE FOLLOWING:
ORDER
1. Smt.Namitha Mahesh, learned HCGP accepts notice for respondents No.1 to 3.
2. The petitioner is before this Court seeking for quashing of the proceedings in Crime No.386/2017 registered by the respondent No.1-police now pending on the file of the Prl. Civil Judge (Jr.dn) and JMFC, Chitradurga District, Chitradurga.
3. The petitioner is a Government of India enterprise involved in construction activity and takes up various construction works across the country. The petitioner W.P. No.12559 OF 2020 3 having participated in the tender was awarded the same on 10.6.2013 to carry out certain road and drain improvement works in Chitradurga and other places. It was alleged that there was delay in prosecution of such work as also there were certain deficiencies in the work carried out.
4. In this connection a complaint in Crime No.386/2017 was registered on 27.09.2017 which came to be challenged by the petitioner before this Court in Crl.P.No.8014/2017.
5. During the pendency of the said matter, the Deputy Commissioner who had instructed the filing of the complaint had vide its letter dated 24.7.2020 directed for withdrawal of the complaint. On the basis of the said letter, the petitioner had filed a memo before this Court seeking for withdrawal of the above Criminal Petition and hence, Criminal Petition came to be dismissed as withdrawn on 16.09.2020. However, despite the withdrawal of the Criminal Petition where an order of stay was passed, the complaint despite the W.P. No.12559 OF 2020 4 order of the Deputy Commissioner did not get withdrawn.
6. It is on account of the same, the petitioner is before this Court seeking for quashing of the proceedings.
7. Sri.S.Kalyan Basavaraj, learned counsel for the petitioner would submit that vide letter dated 24.7.2020, the Deputy Commissioner has categorically held and observed that the present complaint has to be withdrawn which is again reiterated and it is on that basis that the petitioner has withdrawn the Crl.P.No.8014/2017. Though the petitioner has performed his part of the obligation, the respondents have not withdrawn the complaint on the alleged ground.
8. Smt.Namitha Mahesh, learned HCGP for the respondent submits that though the Deputy Commissioner had categorically stated that there is no offence made out and the complaint has to be withdrawn, the same could not be withdrawn for administrative reason.
W.P. No.12559 OF 2020 5
9. Heard Sri.S.Kalyan Basavaraj, learned counsel for the petitioner and Smt.Namitha Mahesh, learned HCGP for the respondents. Perused papers.
10. It is seen that the Deputy Commissioner has specifically directed the withdrawal of the complaint as far back as on 24.7.2020. In view thereof, I am of the considered opinion that continuance of the proceedings would not be in the ends of justice. Hence the proceedings in Crime No.386/2017 pending on the file of Prl. Civil Judge (Jr.Dn) and JMFC, Chitradurga is hereby quashed.
11. The petition is accordingly allowed.
12. In view of disposal of the petition, IA-1/2020 does not survive for consideration and is accordingly dismissed.
Sd/-
JUDGE ln