Bangalore District Court
State By Central Crime Branch vs Nos.1 To 3 For The Alleged Offence on 19 March, 2018
IN THE COURT OF THE I ADDL.CMM: BENGALURU
Dated this the 19th day of March 2018.
Present: Shri V.Jagadeesh, B.Sc., LL.B.
I Addl. C.M.M BENGALURU.
JUDGMENT U/s.355 Cr.P.C.,
Case No. : C.C.No.19474/2013
Date of Offence : 24-2-2010 to 15-5-2012
Name of complainant : State by Central Crime Branch
(Special Enquiry), N.T. Pet,
Bengaluru.
Name of accused : 1.Dr.Ibrahim s/o R.Abdul Aleem,
aged 42 years, r/o No.199/34,
10th cross, 10th main,
near Hombegowda school,
Wilson Garden,
Bengaluru 32,
2. Mallesh s/o Narayanappa
aged 32 years, r/o No.61,
13th cross, R.B.I. colony road,
Ganganagar, Bengaluru 32,
3. Vijaya Sampangirama
s/o Thippaiah, aged 31 years,
r/o No.13/1, 5th main, R.M.S.
colony, Sanjaynagar, Bengaluru.
2 C.C.No.19474/2013
Offence complained off: U/s. 420 r/w Sec.34 of IPC.
Plea of accused : Pleaded not guilty
Final Order : As per final order
Date of Order : 19-3-2018.
JUDGMENT
The Inspector of Police, Central Crime Branch(S.E), N.T. Pet, Bengaluru has filed the charge sheet against the accused Nos.1 to 3 for the offence punishable under Section 420 r/w Section 34 of IPC.
2. It is the case of the prosecution that, the accused Nos.1 to 3 with common intention to earn money illegally have opened a firm in the name and style of Mind Tech Education Consultant at Bartan Centre, M.G. road, Bengaluru and assured the daughter of C.W.1 i.e., C.W.2 to get M.D./M.S. seat under management quota in Karnataka or Andhra Pradesh and received Rs.20,00,000/- and thereafter, failed to get medical seat and repaid the said amount and thereby cheated C.Ws.1 and 2. Under such circumstances the complainant has filed the 3 C.C.No.19474/2013 complaint against the accused Nos.1 to 3 before Cubbon Park Police Station and the same has been transferred to C.C.B (S.E) police. On the basis of the said complaint, the C.C.B. (SE) Police have registered the case against the accused Nos.1 to 3 for the offence punishable under Section 420 r/w Section 34 of IPC in Crime No.122/2012. After completion of investigation, the Investigating Officer has filed the charge sheet only against the accused Nos.1 to 3 for the alleged offence.
3. After appearance of the accused, necessary documents as relied by the prosecution, are furnished to the accused Nos.1 to 3 as provided under Section 207 of Cr.P.C. Charge has been framed and same is read over and explained to the accused Nos.1 to 3. The accused Nos.1 to 3 pleaded not guilty and claims to be tried. Therefore, the case was posted for prosecution evidence.
4. C.Ws.1 to 5 have been cited as charge sheet witnesses. In order to prove the guilt of the accused Nos.1 to 3 for the alleged offences, during the course of trial, none of the 4 C.C.No.19474/2013 prosecution witnesses have been examined in the present case. Therefore, as per order dated 2-3-2018 all the prosecution witnesses are dropped.
5. Since there is no incriminating material evidence found on the record against the accused Nos.1 to 3, therefore, recording of statement of accused Nos.1 to 3 under Section 313 of Cr.P.C. was dispensed with. Similarly, the accused Nos.1 to 3 have not adduced any defence evidence on their behalf. Therefore, there is no defence evidence on behalf of the accused Nos.1 to 3.
6. Heard the arguments of learned Senior A.P.P. and counsel appearing for accused. The points that would arise for my consideration are as under:
1. Whether the prosecution proves beyond all reasonable doubt that the accused Nos.1 to 3 have committed the offence punishable under Section 420 r/w Section 34 of IPC?
2. What Order ?
7. My answer to the above points are as under:
5 C.C.No.19474/2013
Point No.1: In the Negative. Point No.2: As per final order, for the following:
REASONS
8. Point No.1:- The contention of the prosecution is that the accused Nos.1 to 3 with common intention to earn money illegally have opened a firm in the name and style of Mind Tech Education Consultant at Bartan Centre, M.G. road, Bengaluru and assured the daughter of C.W.1 i.e., C.W.2 to get M.D./M.S. seat under management quota in Karnataka or Andhra Pradesh and received Rs.20,00,000/- and thereafter, failed to get medical seat and repaid the said amount and thereby cheated C.Ws.1 and 2 and thereby the accused Nos.1 to 3 have committed the offence punishable under Section 420 r/w Section 34 of IPC.
9. In order to prove the guilt of the accused Nos.1 to 3 for the offence punishable under Section 420 r/w Section 34 of IPC, none of the witnesses have been examined, as their presence was not secured inspite of giving sufficient time and repeated 6 C.C.No.19474/2013 issuance of warrants. Therefore, as per order dated 2-3-2018 all the prosecution witnesses were dropped. Under such circumstances, I am of the opinion that the prosecution has miserably failed to prove the guilt of the accused Nos.1 to 3 beyond all reasonable doubt for the offence punishable under Section 420 r/w Section 34 of IPC. Therefore, in view of the above discussions and reasonings, I am of the opinion that the accused Nos.1 to 3 are entitled for acquittal for the alleged offence. Accordingly, I answer point No.1 in the negative.
10. Point No.2:- In view of my answer on the point No.1, I proceed to pass the following:
ORDER The accused Nos.1 to 3 are not found guilty for the offence punishable under Section 420 r/w Section 34 of IPC. Therefore, they are acquitted for the said offence under Section 248(1) Cr.P.C.
The bail bonds executed by the accused Nos.1 to 3 and their sureties stands cancelled. 7 C.C.No.19474/2013 (Dictated to the stenographer directly on computer, typed by her, revised and then corrected by me and then pronounced in open court on this the 19th day of March 2018).
(V.Jagadeesh) I Addl. CMM., Bengaluru.
ANNEXURE List of witnesses examined on behalf of prosecution:- NIL List of documents marked on behalf of prosecution:-NIL Material Objects Produced:- NIL Witnesses examined on behalf of the defence, documents marked:- NIL.
(V.Jagadeesh) I Addl. CMM., Bengaluru.8 C.C.No.19474/2013
19/3/2018 State by Sr.APP Accused Nos.1 to 3 C/B For Judgment (Judgment pronounced in the Open Court) ORDER The accused Nos.1 to 3 are not found guilty for the offence punishable under Section 420 r/w Section 34 of IPC. Therefore, they are acquitted for the said offence under Section 248(1) Cr.P.C.
The bail bonds executed by the accused Nos.1 to 3 and their sureties stands cancelled.
(V.Jagadeesh) I ACMM, Bengaluru.9 C.C.No.19474/2013
10 C.C.No.19474/2013