Karnataka High Court
Mr A Rajgopal vs State Of Karnataka on 29 March, 2022
Author: M. Nagaprasanna
Bench: M. Nagaprasanna
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
CRIMINAL PETITION NO.5179/2021
BETWEEN:
MR. A. RAJGOPAL,
S/O LATE ABBAIAPPA
AGED ABOUT 76 YEARS
NO.20, MUNISWAMAPPA LANE
OPP. TO SRI DHARMARAYASWAMY TEMPLE
TIGALARAPET
BANGALORE - 02. ... PETITIONER
(BY SRI PARAMESHWAR N. HEGDE, ADVOCATE)
AND:
1. STATE OF KARNATAKA THROUGH
HALSUR GATE POLICE
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
BANGALORE - 03.
2. SRI VENKATARAMANA GURUPRASAD
AGED ABOUT 56 YEARS
ASSISTANT COMMISSIONER &
ADMINISTRATOR,
SRI DHARMARAYASWAMY TEMPLE,
TIGALARAPET
BANGALORE - 02. ... RESPONDENTS
(BY SMT. YASHODA K.P., HCGP FOR R1;
R2 - SERVED)
2
THIS CRL.P. IS FILED U/S.482 OF CR.P.C., 1973, PRAYING
TO SET ASIDE THE INVESTIGATION IN CR. NO.118/2021
REGISTERED ON THE FILE OF THE 1ST RESPONDENT FOR THE
OFFENCE P/U/S 406, 409, 420 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court calling in question proceedings in Crime No.118/2021 registered for the offences punishable under Sections 406, 409, 420 of the IPC.
2. Heard Sri Parameshwar N. Hegde, learned counsel for the petitioner and Smt.K.P.Yashoda, learned High Court Government Pleader appearing for respondent No.1.
3. Brief facts as projected by the prosecution are as follows:
The petitioner was the President of the Management Committee of the Sri Dharmaraya Swamy Temple, which was in the hands of an Administrator at the relevant point in time. The allegation against the petitioner in the complaint is that, the petitioner has not deposited the fixed deposit certificates totalling Rs.21,50,000/- as was required in law. It was the defense of the petitioner that the said fixed deposit certificates 3 was not even in his possession for him to deposit, disbelieving the said statement as narrated by the petitioner in a letter dated 11.06.2021, a criminal case is registered in crime No.118/2021 for the offences punishable under Sections 406, 409 and 420 of the IPC. It is at that juncture, the petitioner has knocked the doors of this Court.
4. This Court by order dated 16.07.2021, had directed as follows:
"Heard the learned counsel for the petitioner. He submits that the Fixed Deposit Certificate bearing No.577001 for a sum of Rs.21,50,000/- has been kept by the petitioner in the cupboard of the temple office which is now in the custody of the second respondent and he has no objection for the Investigating Officer opening the said cupboard and taking custody of the F.D.Certificate in question.
Having regard to the said submission, the Investigating Officer is directed to open the cupboard of the temple office in which the petitioner has allegedly kept the F.D.Certificate, on 20.07.2021 and the 4 same shall be done with prior notice to the petitioner.
The learned HCGP is directed to take notice for respondent Nos.1 and 2 and make his submissions after seeking necessary instructions from the Investigating Officer on the next date of hearing.
Re-list this matter on 22.07.2021. Copy of this order shall be made available to the learned HCGP for taking necessary action."
(Emphasis supplied) This Court in terms of the aforesaid order, directed the cupboard of the temple office in which the petitioner defense was that he had kept the fixed deposit certificates, to be opened, with prior notice to the petitioner. The said exercise was undertaken and further action was placed before the Court. This Court on 22.07.2021, passed the following order:
"Issue emergent notice to respondent No.2. Learned counsel for the petitioner and learned HCGP submits that pursuant to the 5 order dated 16.07.2021 passed by this Court, the cubboard in the temple office was opened by the Investigating Officer and the Fixed Deposit Certificates were found in the cubboard and they have been seized.
Having regard to the said submission, there shall be an interim order of stay as prayed for, till the next date of hearing.
Re-list this matter on 01.09.2021."
The Court on the submissions of the learned High Court Government Pleader observes that the cupboard of the temple office was opened and fixed deposit certificates were found in the cupboard and they have been seized. This was the very defense of the petitioner against the allegation. Thus, no offence alleged under Section 406, 409 and 420 of the IPC can be made out, as the petitioner has neither breached the trust nor cheated the temple authorities, as was alleged.
5. The only allegation against the petitioner was with regard to non-deposit of fixed deposit certificates, which are with the Investigating Officer. In the teeth of the aforesaid facts, permitting further proceedings to continue against the 6 petitioner would become gross abuse of the process of the law and result in miscarriage of justice.
6. For the aforesaid reasons, I pass the following:
ORDER
(i) The criminal petition is allowed.
(ii) The proceedings in Crime No.118/2021, registered by respondent No.1, stand quashed.
In view of the dismissal of the main petition, I.A.No.1/2022 does not survive for consideration and the same is disposed.
Sd/-
JUDGE nvj