Karnataka High Court
Dr. Vinayaka Prasanna S/O ... vs State Of Karnataka on 20 April, 2022
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
CRL.P No. 101258 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 20TH DAY OF APRIL, 2022
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 101258 OF 2022 (482-)
BETWEEN:
1. DR. VINAYAKA PRASANNA S/O SURYANARAYANA
AGE. 48 YEARS,
OCC. ASST PROFESSOR,
VIMS,
R/O. NO. 18 LAKSHMI NARAYANA KRUPA
SHIVAGIRINAGAR
SIRUGUPPA ROAD,
BALLARI- 583104
2. DR. FIRDOS SULTHANA S/O. AZGAR AMEN,
AGE. 38 YEARS,
OCC. RESIDENT DOCTOR,VIMS,
BALLARI - 583104
...PETITIONERS
(BY SRI. T HANUMAREDDY.,ADVOCATE)
AND:
1. STATE OF KARNATAKA
VN
BADIGER THROUGH CID, BENGALURU
Digitally signed
by V N BADIGER
REP. BY ITS STATE PUBLIC PROSECUTOR
Location:
DHARWAD HIGH COURT OF KARNATAKA
DHARWAD - 560001.
2. DR. PREMKUMAR S/O K.M DODDALINGAPPA
AGE. MAJOR,
OCC. VICE CHANCELLOR
RQAJIV GANDHI UNIVERSITY OF HEALTH SCIENCE,
KARNATAKA
-2-
CRL.P No. 101258 of 2022
H.NO. 411 (A-2) GHATAPRABHA BLOCK, NATIONAL
GAMES VILLAGE,
KORAMANGALA, BENGALURU - 560034
...RESPONDENTS
(BY SRI. RAMESH CHIGARI, HCGP FOR R1;
SHIVAKUMAR BADAWADAGI, ADV., FOR R2)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO ALLOW THIS PETITION AND QUASH THE COMPLAINT,
FIR IN CRIME NO.53/2011 REGISTERED BY COWL BAZAR POLICE
STATION, BALLARY, CHARGE SHEET IN SPL.C.NO.126/2012 (IN
CRIME NO.56/2011 OF COWL BAZAR P.S.) FOR OFFENCES
PUNISHABLE U/S 417, 418, 420, 465, 468, 409, 109, 114, 161 OF
IPC AND SECTION 117, 118, 119, 120, 121 AND 138 OF KARNATAKA
EDUCATION ACT 1983 AND U/S 13(1) (C), 13(1)(d) R/W 13(2) OF
P.C. ACT 1988 AND ORDER OF TAKING COGNIZANCE DATED
20.12.2012 AND ORDER OF FRAMING CHARGE AND ALL FURTHER
PROCEEDINGS PURSUANT TO THEREIN IN RESPECT OF THE
PETITIONERS/ACCUSED NO.1 AND 17 HEREIN.
THIS PETITION COMING ON FOR ADMISSION THIS DAY THE
COURT MADE THE FOLLOWIONG:
ORDER
Heard the learned counsel for the petitioners.
2. The petitioners/accused Nos.1 and 17 have sought quashing of the proceedings initiated against him in Special Case No.126/2012 (Crime No.56/2011) pending -3- CRL.P No. 101258 of 2022 on the file of Principal District and Sessions Judge Court, Ballari, for the offences punishable under Sections 417, 418, 420, 465, 468, 409, 109, 114, 161 of IPC and Section 117, 118, 119, 120, 121 and 138 of Karnataka Education Act, 1983 and under Section 13(1)(c), 13 (1)(d) read with Section 13 (2) of Prevention of Corruption Act, 1988.
3. The accusations leveled against the petitioners are that, while they were working as Assistant Professor in VIMS, they were the part of conducting of Entrance Examination for P.G. Courses held on 30.01.2011 and it is alleged that, in the said examination, there was a malpractice and these petitioners were also involved in the said malpractice. The CID after the investigation has filed charge-sheet against the petitioners and other accused. Apart from that, the departmental enquiry was also initiated against the petitioners. It is submitted that, the petitioners have been exonerated in the said departmental enquiry, but it is not on technical ground, but it is on -4- CRL.P No. 101258 of 2022 merits. Hence, it is submitted that, the charge leveled against the petitioners in the said departmental enquiry and in the present case is the same.
4. The counsel for the petitioners relying upon the decision of this Court rendered on 27.07.2021 in W.P.No.19700/2018 has submitted that, if the allegations in the departmental enquiry could not be proved on merit and the person is held to be innocent, criminal prosecution on the said facts cannot be permitted to be continued on the underlying principles of criminal trial needing higher standard of proof.
5. It is further submitted that, the exoneration is not on technicalities, but it is on merits as there was no evidence against the petitioners to drive home the charge.
Under the circumstances, the proceedings against the petitioners requires to be quashed. Accordingly, the petition is allowed. The proceedings initiated against the petitioners-accused Nos.1 and 17 in Special Case -5- CRL.P No. 101258 of 2022 No.126/2012 pending on the file of Principal District and Sessions Judge, Ballari, is hereby quashed.
SD/-
JUDGE VB