Karnataka High Court
Rehana Begam W/O K.M Usman vs State Of Karnataka And Anr on 31 October, 2023
Author: K Natarajan
Bench: K Natarajan
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NC: 2023:KHC-K:8345
CRL.P No. 201666 of 2022
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 31ST DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE K NATARAJAN
CRIMINAL PETITION NO.201666 OF 2022 (482)
BETWEEN:
REHANA BEGAM W/O K.M. USMAN
AGED 65 YEARS, OCC: PRINCIPAL NATIONAL B.Ed,
COLLEGE KALABURAGI
R/O H.NO.6-43, SAT GUMBAZ MUSLIM CHOWK,
KALABURAGI 585102
...PETITIONER
(BY SRI. ASHOK MULAGE, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY THE STATION HOUSE OFFICER,
ROZA POLICE STATION,
Digitally KALABURAGI
signed by B
NAGAVENI REPRESENTED BY
Location: STATE PUBLIC PROSECUTOR,
High Court
Of HIGH COURT OF KARNATAKA
Karnataka KALABURAGI BENCH 585107
2. SRI. SHANKAR S/O BASAVARAJ KHADI
AGE: 32 YEARS,
OCC: DEPUTY DIRECTOR OF
LAND RECORDS KALABURAGI
R/O PWD QT. No.100D,
AIWAN-E-SHAHI KALABURAGI-585102
...RESPONDENTS
(BY SMT.ANITA M. REDDY,HCGP FOR R1;
SRI. SACHIN M. MAHAJAN, ADVOCATE FOR R2)
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NC: 2023:KHC-K:8345
CRL.P No. 201666 of 2022
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C., PRAYING TO QUASH THE FIRST INFORMATION
REPORT, COMPLAINT AND ENTIRE CHARGE SHEET IN CRIME
NO.24/2018 DATED 25.02.2018 REGISTERED AT ROZA POLICE
STATION, KALABURAGI, FOR OFFENCES WHICH ARE MADE
UNDER SECTIONS 406, 417, 418, 420, 201 AND 379 READ
WITH SECTION 34 OF THE INDIAN PENAL CODE, PENDING ON
THE FILE OF THE PRINCIPAL CIVIL JUDGE (JUNIOR DIVISION)
AND J.M.F.C. COURT, KALABURAGI, IN C.C.NO. 3426/2019, .
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioner - accused No.1 under Section 482 of Cr.P.C. for quashing the charge- sheet in C.C.No.3426/2019, pending on the file of Prl. Civil Judge (Jr. Dn) and JMFC, Court at Kalaburagi, arising out of Crime No.24/2018 registered by the Roza Police Station, Kalaburagi, for the offences punishable under Sections 406, 417, 418, 420, 201 and 379 read with Section 34 of IPC.
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02. Heard the learned counsel for the petitioner, the learned High Court Government Pleader and the learned counsel for the respondent No.2.
03. The case of the prosecution is that on the compliant of the respondent No.2, the police have registered the FIR in Crime No.24/2018, wherein it is alleged that he has been posted as squad on 25.02.2018 in respect of the examination conducted by the KPSC for FDA recruitment and he is to be the DDLR. When he was visited the National B.Ed. college and Global Mahila B.Ed college, on verification of the unused question papers, at that time the petitioner is present and she is not able to give proper explanation. Subsequently, she came with three questions papers No.1162097 comes under A set of question paper, 1162099 comes under B set of question paper and 1162100 comes under C set of question papers. The complaint said to be questioned why this 04 QPR are not shown. Subsequently, she said to be torn one question paper and destroyed it. He has suspected that she was -4- NC: 2023:KHC-K:8345 CRL.P No. 201666 of 2022 stolen the question papers and with collusion of somebody send the question paper for outside and committed cheating and caused wrongful loss to the State. She has also said to be violated the order of the Deputy Commissioner. After registering the case for the offences punishable under Sections 406, 417, 418, 420 and 188 of IPC, the police have investigated the matter and came to know that there were other 13 persons are also involved in the offence. While filing the charge-sheet, the police dropped 13 accused persons and filed the charge-sheet against this petitioner as accused No.1 and accused No.2, who said to be dead and charges abetted for the offences as stated above, which is under challenge.
04. The learned counsel for the petitioner strenuously contended that the police registered the FIR in this case on 25.02.2018 on the complaint of the respondent No.2. Whereas, for the same allegation the Ashok Nagar Police Kalaburagi, have registered another FIR in Crime No.19/2018 on the complaint filed by one -5- NC: 2023:KHC-K:8345 CRL.P No. 201666 of 2022 Mohd. Rabbani, who is one of the candidate for the FDA post. On the said complaint 05 persons named as accused in the FIR. Thereafter, the police have filed the charge- sheet against 20 accused persons, including the respondent No.2 as one of the accused as accused No.19, wherein it was mentioned that the accused Nos.1 to 5 and others were colluded with each other and received huge amount from the various candidates for providing jobs through KPSC. With the help of this petitioner, the question papers sent out from the examination hall and the accused Nos.11, 12, 14 to 16 were prepared the answers and send the answers to the candidates through Mobile SMS and Micro phone device etc., The allegation against this petitioner in both the cases are one and the same that she has sent out the question paper for helping the other accused for getting huge amount. Therefore, the police have investigated the case and filed the charge- sheet in Crime No.19/2018. The same Investigating Officer has filed the charge-sheet against the same accused/petitioner in both the cases, which is not correct. -6-
NC: 2023:KHC-K:8345 CRL.P No. 201666 of 2022 For the same allegation two FIR and two charge-sheets cannot be filed. Therefore, there is a violation of the fundamental right guaranteed under the Article 20 (2) of the Constitution of India. Hence, prayed for quashing the charge-sheet.
05. Per contra, the learned High Court Government Pleader seriously opposed the petition and contended that the allegation made in the Crime No.24/2018 and Crime No.19/2018 are altogether different. The police investigated the case and filed two separate the charge- sheets altogether for different allegations. Therefore, the petitioner has to face the trial before the Magistrate. Hence, prayed for dismissal of the petition.
06. The learned counsel for the respondent No.2 also seriously contended that the respondent No.2 filed the complaint against the petitioner bonafidely for sending out the question papers and also for destroying the questions papers. Whereas, the complaint in the second case in Crime No.19/2018 is altogether different. This -7- NC: 2023:KHC-K:8345 CRL.P No. 201666 of 2022 complainant is made an accused No.19 and the allegations altogether are different. Hence, prayed for dismissal of the petition.
07. Upon hearing the arguments and on perusal of the records, which reveals that the respondent No.2 - Shanker who is the DDLR, deputed for supervising 05 examination centers, for the recruitment conducted by the KPSC for selection of FDA posts during the year 2018. Admittedly, the petitioner being a principal of the National B.Ed. College, Kalaburagi, where she has present for supervising the examination hall, at National B.Ed. College, subcutre - 003 and subject code - 281. She was the supervisor in the examination centre. The respondent No.2 being a squad came and verified the unused question papers. He found that there was some discrepancy about 04 papers and on questioning the same, the petitioner has not given proper explanation and later she brought 03 papers, where he has found the seal of the pocket has been tampered and he has given 03 question papers numbers. Subsequently, he has asked one more question -8- NC: 2023:KHC-K:8345 CRL.P No. 201666 of 2022 paper, where she was not able to give answer. Later he has found that in some other center 04 question papers were leaked out, which was numbered as 576215, 576217, 576218, 2036718, where the accused No.2 said to be involved in sending the papers. Based upon the complaint the police have investigated the matter, where the Investigating Officer, through the investigation has found that there was a scam in the said examination, where other 13 persons are also involved. While filing the charge-sheet, he has named one Mohammad and others totally 13 persons, were said to be involved in Crime No.19/2018. Therefore, he has stated that the allegation against the accused Nos.1 to 13 in both the cases are one and the same. Hence, he has dropped them in the charge- sheet in Crime No.24/2018, as they have named in the charge-sheet in Crime No.19/2018. However, he has filed the charge-sheet against this petitioner, accused No.1 and accused No.2 for the offences punishable under Sections 406, 417, 418, 420, 201 and 379 read with Section 34 of IPC.
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08. The learned counsel for the petitioner has also furnished the copy of the FIR in Crime No.19/2018, where one Mohd. Rabbani, who is the student, has stated that he is unemployed and he has contacted one Chandrakant, through him, he has contacted various persons and agreed to pay Rs.13,00,000/- and paid Rs.2,00,000/- as advance for getting the job through KPSC. He has also stated that so many persons involved in the said offences and collected the money from the various candidates and also contacted the supervisor - petitioner who is named as accused No.9 in the charge-sheet in respect of Crime No.19/2018. The charge-sheet material reveals that the name of the accused Nos.1 to 5 are shown and the accused No.10 and 20 are went to KPSC Office by collecting the money to paying the money. By paying the bribe, they got the petitioner's college as a center, for the purpose of the examination. Subsequently, the examination was conducted by the KPSC through the National B.Ed. College, Kalaburagi.
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09. The petitioner said to be leaked out the question papers to outside, where the accused Nos.11, 12, 14 to 16 were the experts to prepare the answers and send to the candidates who are writing the exam in the hall through Micro Phone device, Mobile SMS and etc., The allegation in the charge-sheet, of course the petitioner was not named in the Crime No.24/2018, but while investigating the case by the same Investigating Officer, he has come to the conclusion that, this petitioner has also involved in the crime for sending the question papers outside the examination hall for the purpose of preparing answers by the accused Nos.11, 12, 14 to 16, in order to help the accused No.1 to 5 who were collected the money from the candidates. The allegations in both the charge- sheet, against this petitioner are one and the same, for having send the question papers by this petitioner to the other accused persons, who were outside of the examination hall, which is unused question papers and due to which the accused Nos.11, 12, 14 to 16 were prepared
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NC: 2023:KHC-K:8345 CRL.P No. 201666 of 2022 the answers and send to the candidates through mobile or micro phone device and etc.,
10. The allegations against the petitioner in both the charge-sheet are one and the same. Of course the FIR have been registered against this petitioner in Crime No.24/2018, but while filing the charge-sheet, the Investigating Officer, not deleted the name of this petitioner in charge-sheet in respect of Crime No.19/2018, but shown as accused No.9. That apart the very complainant namely Shanker - DDLR has also made as accused No.19 in the charge-sheet arising out of Crime No.19/2018. Though, the Investigating Officer, rightly dropped the charges against 13 accused persons, as they have already facing charges in the charge-sheet filed in Crime No.19/2018, but the charge-sheet, filed against this petitioner in this case as well as other case, is nothing but same offence two separate charge-sheets were filed against this petitioner. Therefore, I am of the view that for the same offence though first FIR registered against her,
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NC: 2023:KHC-K:8345 CRL.P No. 201666 of 2022 but charge-sheet is filed against her in Crime No.19/2018, therefore, one more charge-sheet is in respect of Crime No.24/2018, as she has already facing the charges in respect Crime No.19/2018. Therefore, I am of the view that the offences committed by the petitioner, cannot be tried and punish twice, which against the fundamental right guaranteed under Article 20 (2) of the Constitution of India. Therefore, the charge-sheet in respect of Crime No.24/2018 is required to be quashed, as she has already facing the trial for the same offence in respect of Crime No.19/2018. Accordingly, I pass the following;
ORDER I. The petition filed by the petitioner is allowed. II. The charge-sheet filed by the police in respect of Crime No.24/2018 pending before the Prl. Civil Judge (Jr. Dn) and JMFC, Court at Kalaburagi, is hereby quashed.
Sd/-
JUDGE KJJ CT:SI List No.: 1 Sl No.: 38