Karnataka High Court
S G Maribashetti Commandant vs Station House Officer on 13 June, 2013
Author: H.S.Kempanna
Bench: H.S.Kempanna
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 13TH DAY OF JUNE 2013
BEFORE
THE HON'BLE MR.JUSTICE H.S.KEMPANNA
CRIMINAL PETITION NO.3151/2013
BETWEEN:
S.G. MARIBASHETTI
COMMANDANT
MOUNTED POLICE OF KARNATAKA
RESIDING AT MOUNTED POLICE QUARTERS
LALITHMAHAL ROAD, MYSORE - 570 016.
... PETITIONER
(BY DR.S.KRISHNAMURTHY, ADV.,)
AND:
1. STATION HOUSE OFFICER
NAZARBAD POLICE STATION
MYSORE CITY - 570 016.
2. COMMISSIONER OF POLICE
OPPOSITE TO MIRZA PARK
MYSORE CITY - 570 001.
3. K.MANJUNATH, ADVOCATE 253
6TH CROSS, NANDAGOKULA
KUMBARA KOPPALU
MYSORE - 570 001. ... RESPONDENTS
(BY SRI VIJAYA KUMAR MAJAGE, HCGP)
THIS PETITION IS FILED UNDER SECTION 482
CR.P.C., PRAYING TO QUASH THE FIR OF NAZARABAD
POLICE STATION, MYSORE CITY, IN CR.NO.98/2013
U/S.465, 468, 471 AND 420 OF IPC PENDING ON THE FILE
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OF THE A.C.J. (JR.DN.) & J.M.F.C. -III, J.L.B.ROAD,
MYSORE.
THIS PETITION COMING ON FOR ADMISSION THIS
DAY, THE COURT MADE THE FOLLOWING:-
ORDER
The petitioner in this petition has sought for quashing of the proceedings in Crime No.98/2013 registered for the offences punishable under Sections 465, 468, 471 and 420 of IPC on the file of Nazarabad Police Station, Mysore.
2. The first respondent/police on the basis of the first information filed by the third respondent have registered the case against the petitioner for the aforementioned offences and have taken up investigation. It is alleged inter alia among other things in the first information that the petitioner in order to secure a seat for his daughter in Engineering created false forged, fabricated documents stating that his daughter had participated in National Games despite she having not participated in the said games and after 3 getting forged, fabricated certificates secured the seat in that category and when it was brought to the notice of the authorities, it was found that this petitioner had indulged in getting forged, fabricated certificates despite his daughter having not participated in the national sports and in that connection in the writ petition filed by the petitioner which ended in writ appeal this Court after finding guilty imposed him cost of Rs.10,000/- and thereby he has committed aforementioned offences.
3. Learned counsel for the petitioner contends the petitioner is highly respectable police official being Dy.Commissioner of Police, Mysore. At no point of time he has indulged in creating false certificates claiming that his daughter had participated in any of the national games. He further contends that since in the writ appeal this Court had made an observation that he has produced false documents to secure seat and therefore, penalty of Rs.10,000/- was imposed on him, the sanction as required under Section 195 of Cr.P.C. ought to have been obtained before registering the case 4 against him. In the absence of the same, the proceedings against the petitioner now pending on the file of the first respondent deserve to be quashed.
4. Per contra, learned High Court Government Pleader contended that the allegations made in the complaint do reveal that this petitioner has produced forged certificates for getting seat before CET. It is not that the documents had been relied upon in the writ appeal that he has filed. Therefore, there is no need for obtaining sanction as contemplated under Section 195 of Cr.P.C. He further contended that the allegations in the complaint clearly reveal that though the petitioner's daughter had not participated in national games, had created false, forged, fabricated certificates stating that she had participated in the national game and secured seat, which she was not entitled to. Therefore, he contends as the case is still at the stage of investigation, this Court in exercise of its power under Section 482 of Cr.P.C. cannot interfere with the powers of police in investigating the matter. Hence, it be dismissed. 5
6. A perusal of the allegations as already pointed out clearly indicate that this petitioner in order to secure the seat for his daughter has created, false, fabricated and forged certificates alleged to have been issued by the competent authority stating that his daughter had participated in national games in which really she has not participated. The allegations which are now made against the petitioner, who is of the rank of Dy.Commissioner Mysore, are very serious. In my view, a person of the caliber of the petitioner should not have indulged in such acts, but it is for the police to investigate and arrive at a conclusion at the time of filing final report. Therefore, in exercise of power under Section 482 of Cr.P.C. this Court cannot interfere with the investigation in a case of this nature. Accordingly, I do not find any merit in this petition. Hence it is dismissed.
Sd/-
JUDGE SA