Karnataka High Court
Poornima D/O Amaresh Soppinamath vs The State Of Karnataka on 7 June, 2023
Author: V.Srishananda
Bench: V.Srishananda
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CRL.P No. 101077 of 2022
C/W CRL.P No. 100959 of 2022, CRL.P No.
101076 of 2022, CRL.P No. 104304 of 2022,
CRL.P No. 104306 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 7TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
CRIMINAL PETITION NO. 101077 OF 2022
C/W
CRIMINAL PETITION NO. 100959 OF 2022
CRIMINAL PETITION NO. 101076 OF 2022
CRIMINAL PETITION NO. 104304 OF 2022
CRIMINAL PETITION NO. 104306 OF 2022
IN CRIMINAL PETITION NO.101077/2022
BETWEEN:
RAGHAVENDRA S/O. SHESHACHALA KATTI,
AGE: 52 YEARS, OCC: PROPERITOR OF
SGSS HR CONSULTANCY,
R/O: KAMALAPUR CIRCLE,
OPP. TO URDU SCHOOL, DHARWAD.
...PETITIONER
(BY SRI. V.M. SHEELAVANT, ADVOCATE)
SAROJA
HANGARAKI
AND:
Digitally signed by
SAROJA 1. THE STATE OF KARNATAKA
HANGARAKI
Date: 2023.06.23
THROUGH DHARWAD SUB-URBAN PS
15:32:19 -0700 SPP, HIGH COURT BUILDING,
DHARWAD.
2. SURESH S/O. MAHADEVAPPA TIMMAPUR,
AGE: 33 YEARS, OCC: PVT. SERVICE,
R/O: KURUBAGONDA
TQ AND DIST: HAVERI- 581110.
...RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1;
SRI. NEELENDRA D. GUNDE, ADVOCATE FOR R2)
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CRL.P No. 101077 of 2022
C/W CRL.P No. 100959 of 2022, CRL.P No.
101076 of 2022, CRL.P No. 104304 of 2022,
CRL.P No. 104306 of 2022
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO ALLOW THE ABOVE CRIMINAL PETITION BY
QUASHING THE ENTIRE PROCEEDINGS IN DHARWAD SUB-
URBAN P.S. CRIME NO.63/2022 REGISTERED BY THE
RESPONDENT NO.1 AT THE INSTANCE OF THE RESPONDENT
NO.2 FOR THE ALLEGED OFFENCES PUNISHABLE U/S 506, 504,
420, R/W SECTION 34 OF IPC, 1860, PENDING BEFORE THE
PRINCIPAL CIVIL JUDGE (JR.DIV) JMFC COURT, DHARWAD IN
SO FAR AS THE PETITIONER IS CONCERNED.
IN CRIMINAL PETITION NO. 100959/2022
BETWEEN:
RAGHAVENDRA S/O. SHESHACHALA KATTI,
AGE: 52 YEARS, OCC: PROPRIETOR OF
SGSS HR CONSULTANCY,
R/O: KAMALAPUR CIRCLE,
OPP. TO URDU SCHOOL, DHARWAD.
...PETITIONER
(BY SRI. V.M. SHEELAVANT, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
THROUGH DHARWAD SUB-URBAN P S SPP,
HIGH COURT BUILDING,
DHARWAD.
2. SAGAR S/O. MAHADEV SHEELIN,
AGE: 24 YEARS, OCC: LABOURER,
R/O: WARD NO. 22 BAGALKOT ROAD,
JALANAGAR, BIJAPUR HUDCO COLONY,
DIST: VIJAYAPUR -586101.
...RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1;
SRI. NEELENDRA D. GUNDE, ADVOCATE FOR R2)
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CRL.P No. 101077 of 2022
C/W CRL.P No. 100959 of 2022, CRL.P No.
101076 of 2022, CRL.P No. 104304 of 2022,
CRL.P No. 104306 of 2022
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.
SEEKING TO ALLOW THE ABOVE CRIMINAL PETITION BY
QUASHING THE ENTIRE PROCEEDINGS IN DHARWAD SUB-
URBAN P.S. CRIME NO.59/2022 REGISTERED BY THE
RESPONDENT NO.1 AT THE INSTANCE OF THE RESPONDENT
NO.2 FOR THE ALLEGED OFFENCES PUNISHABLE U/S 506, 420,
R/W SECTION 34 OF IPC 1860, PENDING BEFORE THE
PRINCIPAL CIVIL JUDGE (JR.DIV) JMFC COURT, DHARWAD IN
SO FAR AS THE PETITIONER IS CONCERNED.
IN CRIMINAL PETITION NO. 101076/2022
BETWEEN:
RAGHAVENDRA S/O. SHESHACHALA KATTI,
AGE: 52 YEARS,
OCC: PROPERITOR OF
SGSS HR CONSULTANCY,
R/O: KAMALAPUR CIRCLE,
OPP. TO URDU SCHOOL,
DHARWAD.
...PETITIONER
(BY SRI. V.M. SHEELAVANT, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
THROUGH DHARWAD SUB-URBAN PS
SPP, HIGH COURT BUILDING,
DHARWAD.
2. AKSHATA D/O. PRABHAYYA HIREMATH,
AGE: 22 YEARS, OCC: PVT. SERVICE,
R/O: SMK NAGAR GADAG,
TQ AND DIST GADAG- 581117
...RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1;
SRI. NEELENDRA D. GUNDE, ADVOCATE FOR R2)
-4-
CRL.P No. 101077 of 2022
C/W CRL.P No. 100959 of 2022, CRL.P No.
101076 of 2022, CRL.P No. 104304 of 2022,
CRL.P No. 104306 of 2022
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO ALLOW THE ABOVE CRIMINAL PETITION BY
QUASHING THE ENTIRE PROCEEDINGS IN DHARWAD SUB-
URBAN P.S. CRIME NO.61/2022 REGISTERED BY THE
RESPONDENT NO.1 AT THE INSTANCE OF THE RESPONDENT
NO.2 FOR THE ALLEGED OFFENCES PUNISHABLE U/S 506, 420,
R/W SECTION 34 OF IPC, 1860, PENDING BEFORE THE
PRINCIPAL CIVIL JUDGE (JR.DIV) JMFC COURT, DHARWAD IN
SO FAR AS THE PETITIONER IS CONCERNED.
IN CRIMINAL PETITION NO. 104304/2022
BETWEEN:
POORNIMA D/O. AMARESH SOPPINAMATH,
AGE: 32 YEARS, OCC: MANAGER OF
SGSS HR CONSULTANCY,
R/O: KAMALAPUR CIRCLE,
OPP. TO URDU SCHOOL, DHARWAD.
NOW AT: C/O. D B MUNAVALLI BASAVA
BADAVANE, KELAGERI ROAD,
SAI NAGAR, DHARWAD.
...PETITIONER
(BY SRI. V.M. SHEELAVANT, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH DHARWAD SUB-URBAN P S,
SPP, HIGH COURT BUILDING,
DHARWAD.
2. AKSHATA D/O. PRABHAYYA HIREMATH,
AGE: 22 YEARS, OCC: PRIVATE SERVICE,
R/O: SMK NAGAR GADAG,
TQ AND DIST: GADAG.
...RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1;
SRI. NEELENDRA D. GUNDE, ADVOCATE FOR R2)
-5-
CRL.P No. 101077 of 2022
C/W CRL.P No. 100959 of 2022, CRL.P No.
101076 of 2022, CRL.P No. 104304 of 2022,
CRL.P No. 104306 of 2022
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF
CR.P.C. SEEKING TO QUASHING THE ENTIRE PROCEEDINGS
IN DHARWAD SUB-URBAN P.S. CRIME NO. 61/2022
REGISTERED BY THE RESPONDENT NO.1 AT THE INSTANCE OF
THE RESPONDENT NO.2 FOR THE ALLEGED OFFENCES
PUNISHABLE U/SEC. 506, 420, R/W SEC. 34 OF IPC-1860
PENDING BEFORE THE PRL. CIVIL JUDGE (JR.DIV) JMFC COURT
DHARWAD IN SO FAR AS THE PETITIONER IS CONCERNED BY
ALLOWING THIS PETITION.
IN CRIMINAL PETITION NO. 104306/2022
BETWEEN:
POORNIMA D/O. AMARESH SOPPINAMATH,
AGE: 32 YEARS, OCC: MANAGER OF
SGSS HR CONSULTANCY,
R/O: KAMALAPUR CIRCLE,
OPP. TO URDU SCHOOL, DHARWAD.
NOW AT: C/O. D B MUNAVALLI BASAVA
BADAVANE, KELAGERI ROAD,
SAI NAGAR, DHARWAD.
...PETITIONER
(BY SRI. V.M. SHEELAVANT, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH DHARWAD SUB-URBAN P S
SPP, HIGH COURT BUILDING,
DHARWAD.
2. SURESH S/O. MAHADEVAPPA TIMMAPUR,
AGE: 33 YEARS, OCC: PRIVATE SERVICE,
R/O: KURUBAGOND,
TQ AND DIST: HAVERI.
...RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1;
SRI. NEELENDRA D. GUNDE, ADVOCATE FOR R2)
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CRL.P No. 101077 of 2022
C/W CRL.P No. 100959 of 2022, CRL.P No.
101076 of 2022, CRL.P No. 104304 of 2022,
CRL.P No. 104306 of 2022
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF
CR.P.C. SEEKING TO QUASHING THE ENTIRE PROCEEDINGS IN
DHARWAD SUB-URBAN P S CRIME NO. 63/2022 RGISTERED BY
THE RESPONDENT NO.1 AT THE INSTANCE OF THE
RESPONDENT NO.2 FOR THE ALLEGED OFFENCES PUNISHABLE
U/SEC. 506, 504, 420, R/W SEC. 34 OF IPC-1860 PENDING
BEFORE THE PRL. CIVIL JUDGE (JR.DIV) JMFC COURT
DHARWAD IN SO FAR AS THE PETITIOER/ACCUSED NO.2 IS
CONCERNED AND GRANT ANY OTHER RELIEF BY ALLOWING
THE ABOVE CRIMINAL PETITION.
THESE PETITIONS, COMING ON FOR ADMISSION, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
These petitions including the petitions filed under Section 482 of Cr.P.C. in Criminal Petition No.104304/ 2022 and Criminal Petition No.104306/ 2022, thoug h Criminal Petition No.104306/ 2022 is listed along with office objections, since a common point of law are involved in all these petitions, ig noring the office objections, all the matter ha ve been taken up for consideration.
2. Shri. Neelendra D. Gunde, agrees to take notice for de-facto complainant in Criminal Petition No.104304/ 2022 and Criminal Petition -7- CRL.P No. 101077 of 2022 C/W CRL.P No. 100959 of 2022, CRL.P No. 101076 of 2022, CRL.P No. 104304 of 2022, CRL.P No. 104306 of 2022 No.104306/ 2022 and so also Smt. Girija S. Hiremath, learned High Court Government Pleader.
3. Heard Sri V. M. Sheelvant, learned counsel for the petitioners, Smt. Girija S. Hiremath, learned High Court Government Pleader for respondent No.1 and Shri. Neelendra D. Gunde, learned for respondent No.2. Perused the records on admission.
4. These peti tions are arise out of a complaint lodged by second respondent namely Suresha Ti mma pur.
5. Gist of the complaint averments reveal that the petitioners herein collected money from the general public stating that they would get an employment in a central government organi zation. Believing their words, complain ant and others have gone on paying money which is to the tune of Rs.1,25,00,000/- and mor e. No empl oyment was given to the complainant and si milarly pla ced persons. As such an action was sought to be -8- CRL.P No. 101077 of 2022 C/W CRL.P No. 100959 of 2022, CRL.P No. 101076 of 2022, CRL.P No. 104304 of 2022, CRL.P No. 104306 of 2022 initiated against the petitioners herein. After registering the case, police have investigated the matter. In the meantime, these petitioners have approached this Court seeking for quashing of registrati on of the criminal case.
6. Reiterating the grounds urged in the petition s, Shri. V. M. Sheelvant learned c ounsel representing the petitioners brought to the n otice of the Court that much before the present complaint is filed by second respondent, one of the petitioner named as Smt. Poornima Soppimath had already filed a c omplaint before Sub Urban Police Station, Dharwad and as a counter blast, second resp ond ent. Suppressing the material facts second resp ondent filed the complaint. As such he sou ght for quas hing FIRs in all these petitions, he further contended that there is no iota of truth in the allegations in the complaint of second respond ent and sought for quashing of further proceedings.
-9-CRL.P No. 101077 of 2022
C/W CRL.P No. 100959 of 2022, CRL.P No. 101076 of 2022, CRL.P No. 104304 of 2022, CRL.P No. 104306 of 2022
7. Per c ontra, Shri. Neelendra D. Gunde, learned counsel for respondent No.2 contended that whether at all fraud has taken place or not is to be investigated and while so investigati ng the matter, the police would also b e required to investigate the veracity of the complaint said to have b een lodged by Smt. Poornima Soppimath on 14.03.2022 and Inves tigating Agency would file appropriate report after unearthing the truth in the incident and sought for appropriate order and therefore, sought for dismissal of the present petitions.
8. Learned High Court Govern ment Pleader for res pondent No.1 adopts the arguments put forth by learned c ounsel for de-facto complainant and stated that the police are yet to investigate the matter and file a ppropriate report as it contemplated under Section 173 of Cr.P.C. and therefore, it is too premature for this Court to form a definite opinion about veracity of complaint, allegations and counter allegation s.
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CRL.P No. 101077 of 2022C/W CRL.P No. 100959 of 2022, CRL.P No. 101076 of 2022, CRL.P No. 104304 of 2022, CRL.P No. 104306 of 2022
9. In view of the rival contentions of the parties, this Court perused the material on record meticulously.
10. On such peru sal , it is seen that an offer is said to have been made by the petitioners herein to get the central government job to the complainant and others and they have collected money from the general publi c. Wh en the said promis e failed, secon d respondent and similarly placed persons approached the police and lodged the complaint. Thereafter, Sub Urban Police, Dharwad have registered the case in Crime No.63/2022 and four other cases.
11. The fact remains that on 14.03.2022 Sub Urban Police, Dharwad have also registered a case against Suresh, Sagar, Shivaraj, Mallikarjun, Bhagat and Basavaraj in Crime No.58/2022 based on the complaint lodged by Smt. P oornima Soppimath.
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CRL.P No. 101077 of 2022C/W CRL.P No. 100959 of 2022, CRL.P No. 101076 of 2022, CRL.P No. 104304 of 2022, CRL.P No. 104306 of 2022
12. This Court having regard to the limited jurisdiction u nder Section 482 of Cr.P.C., in entertaining the request for registration of FIR, cannot go into the merits and de-merits of the allegation s and counter allegations.
13. Sinc e the complaint lodged by Smt. Poornima Soppimath who is the petitioner in Criminal Petition No.104306/2022 is in on
17. 03.2022. Second respondent in all these matters, approached the very same police with the complaint of cheating and frau d. As such, it is for the Sub Urban Police Station, Dharwad to i nvestigate the matter thoroughly and form a definite op inion and appropriate report is to be filed by the Sub Urban Police in accordance with law in respect of complaint lod ged by second respondent and in all these matter s on the complaint given by Smt. Poornima Soppimath on 14.03.2022 in Crime No.58/2022.
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CRL.P No. 101077 of 2022C/W CRL.P No. 100959 of 2022, CRL.P No. 101076 of 2022, CRL.P No. 104304 of 2022, CRL.P No. 104306 of 2022
14. The allegations made by secon d respondent are serious in nature. Directing Inves tigating Agency to investigate the matter thoroughly taking note of filing of the complaint by Smt. Poornima Soppimath and second respondent in these matters, in accordance with law and directing them to u nearth the truth and file appropriate report as is not contemplated under Section 173 of Cr.P.C. would meet ends of justice.
15. Accordingly, from the ab ove discus sion, this Court is of the considered opinion that the grounds urged in th ese petitions are hardly sufficient to quash the very registration of the case by second respondent in all these matter.
16. Hence, the following order is passed:
ORDE R Petitions are dismissed.
- 13 -CRL.P No. 101077 of 2022
C/W CRL.P No. 100959 of 2022, CRL.P No. 101076 of 2022, CRL.P No. 104304 of 2022, CRL.P No. 104306 of 2022 However, if there are advers e reports filed against the petitioners herein they are at liberty to challenge the same in acc ordance with law.
Sd/-
JUDGE SMM List No.: 2 Sl No.: 18