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Karnataka High Court

N V Krishnamoorthy vs The State on 27 February, 2017

Author: John Michael Cunha

Bench: John Michael Cunha

                             -1-




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 27TH DAY OF FEBRUARY 2017

                          BEFORE

 THE HON'BLE MR.JUSTICE JOHN MICHAEL CUNHA

      Crl.P.No.2439/2016 C/w Crl.P.Nos.2444/2016,
     2445/2016, 2446/2016, 2447/2016, 2452/2016,
     2453/2016, 2440/2016, 2441/2016, 2442/2016,
     2443/2016, 2448/2016, 2449/2016, 2450/2016
                    and 2451/2016.


IN CRIMINAL PETITION NO.2439 OF 2016
BETWEEN:


1)      N.V. KRISHNAMOORTHY,
        S/O LATE VENKANNACHAR,
        AGED ABOUT 58 YEARS,
        R/AT NO.1219, 1ST STAGE,
        CHANDRA LAYOUT,
        BENGALURU-560 040

2)      P. RAJENDRA,
        S/O LATE K.B. PADMANABHA,
        AGED ABOUT 57 YEARS,
        R/AT NO.2986, 1ST A MAIN ROAD,
        C BLOCK, GAYATHRINAGAR,
        BENGALURU-560 021

3)      MRS. MAMATHA,
        W/O P. RAJENDRA,
        AGED ABOUT 42 YEARS,
        R/AT NO.2986, 1ST A MAIN ROAD,
        C BLOCK, GAYATHRINAGAR,
        BENGALURU-560 021
                             -2-



4)     MRS. KAMALA,
       W/O KRISHNAMOORTHY,
       AGED ABOUT 49 YEARS,
       R/AT NO.1219, 1ST STAGE,
       CHANDRA LAYOUT,
       BENGALURU-560 040
                                            ...PETITIONERS

(BY SRI. DILRAJ JUDE ROHIT SEQUEIRA, ADVOCATE)

AND:

1)     THE STATE,
       REPD. THROUGH THE
       SHANKARAPURA POLICE,
       REPD. BY THE
       STATE PUBLIC PROSECUTOR,
       HIGH COURT OF KARNATAKA,
       BENGALURU-560 001.

2)     STATE OF KARNATAKA,
       BY COMPETENT AUTHORITY,
       SPECIAL LAND ACQUISITION OFFICER,
       PODIUM BLOCK, 3RD FLOOR,
       VISHWESHWARAYA TOWERS,
       BENGALURU-560 001.

3)     SMT. PRAMEELA BAI,
       W/O MOHAN,
       AGED ABOUT 38 YEARS,
       R/AT NO.90, 6TH MAIN,
       GIRINAGAR, NEAR POLICE STATION
       GIRINAGAR,
       BENGALURU-560 085.
                                           ... RESPONDENTS

(BY SRI. VIJAYAKUMAR MAJAGE, ADDL. SPP FOR RESPONDENTS NO.1 AND 2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO QUASH THE CHARGE SHEET AND ENTIRE PROCEEDINGS PENDING ON THE FILE OF THE IV -3- A.C.M.M., BENGALURU CITY, IN C.C NO.29313/2006 ARISING OUT OF CR. NO.62/2006 DATED 02.08.2006 FOR THE OFFENCES PUNISHABLE UNDER SECTION 4 AND 5 OF THE PRIZE CHIT AND MONEY CIRCULATION SCHEME (BANNING) ACT, 1978 AND SECTION 418 AND 420 OF IPC.

IN CRIMINAL PETITION NO.2444 OF 2016 BETWEEN:

1) N.V. KRISHNAMOORTHY, S/O LATE VENKANNACHAR, AGED ABOUT 58 YEARS, R/AT NO.1219, 1ST STAGE, CHANDRA LAYOUT, BENGALURU-560 040
2) P. RAJENDRA, S/O LATE K.B. PADMANABHA, AGED ABOUT 57 YEARS, R/AT NO.2986, 1ST A MAIN ROAD, C BLOCK, GAYATHRINAGAR, BENGALURU-560 021
3) MRS. MAMATHA, W/O P. RAJENDRA, AGED ABOUT 42 YEARS, R/AT NO.2986, 1ST A MAIN ROAD, C BLOCK, GAYATHRINAGAR, BENGALURU-560 021
4) MRS. KAMALA, W/O KRISHNAMOORTHY, AGED ABOUT 49 YEARS, R/AT NO.1219, 1ST STAGE, CHANDRA LAYOUT, BENGALURU-560 040 ...PETITIONERS (BY SRI. DILRAJ JUDE ROHIT SEQUEIRA, ADVOCATE) -4- AND:
1) THE STATE, REPD. THROUGH THE SHANKARAPURA POLICE, REPD. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001.
2) STATE OF KARNATAKA, BY COMPETENT AUTHORITY, SPECIAL LAND ACQUISITION OFFICER, PODIUM BLOCK, 3RD FLOOR, VISHWESHWARAYA TOWERS, BENGALURU-560 001.
3) GANGADHARIAH, S/O RAJOTHAPPA, AGED ABOUT 55 YEARS, R/AT SIDDA GIRINAGARA, ELLIPURA, TUMAKURU-562 201.

... RESPONDENTS (BY SRI. VIJAYAKUMAR MAJAGE, ADDL. SPP FOR RESPONDENTS NO.1 AND 2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO QUASH THE FIR, CHARGE SHEET AND ENTIRE PROCEEDINGS PENDING ON THE FILE OF THE HON'BLE COURT OF IV ADDL. C.M.M., BENGALURU CITY, IN C.C NO.34009/2006, ARISING OUT OF CR. NO.65/2006 DATED 07.08.2006, PERTAINING TO SHANKARAPURA STATION, FOR THE OFFENCES PUNISHABLE UNDER SECTION 4, 5 OF THE PRIZE CHIT AND MONEY CIRCULATION SCHEME (BANNING) ACT, 1978 AND SEC. 408, 418, 420 OF IPC.

-5-

IN CRIMINAL PETITION NO.2445 OF 2016 BETWEEN:

1) N.V. KRISHNAMOORTHY, S/O LATE VENKANNACHAR, AGED ABOUT 58 YEARS, R/AT NO.1219, 1ST STAGE, CHANDRA LAYOUT, BENGALURU-560 040.
2) P. RAJENDRA, S/O LATE K.B. PADMANABHA, AGED ABOUT 57 YEARS, R/AT NO.2986, 1ST A MAIN ROAD, C BLOCK, GAYATHRINAGAR, BENGALURU-560 021.
3) MRS. MAMATHA, W/O P. RAJENDRA, AGED ABOUT 42 YEARS, R/AT NO.2986, 1ST A MAIN ROAD, C BLOCK, GAYATHRINAGAR, BENGALURU-560 021.
4) MRS. KAMALA, W/O KRISHNAMOORTHY, AGED ABOUT 49 YEARS, R/AT NO.1219, 1ST STAGE, CHANDRA LAYOUT, BENGALURU-560 040.

...PETITIONERS (BY SRI. DILRAJ JUDE ROHIT SEQUEIRA, ADVOCATE) AND:

1) THE STATE, REPD. THROUGH THE SHANKARAPURA POLICE, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001.

-6-

2) STATE OF KARNATAKA, BY COMPETENT AUTHORITY, SPECIAL LAND ACQUISITION OFFICER, PODIUM BLOCK, 3RD FLOOR, VISHWESHWARAYA TOWERS, BENGALURU-560 001.

3) SMT. G.S. JAYAMMA, W/O SRI. SHIVASHANKARAIH, MAJOR, R/AT NO.48/9, 19TH MAIN, M.C. LAYOUT, VIJAYANAGARA, BENGALURU-560 085.

4) SHIVASHANKARAIH, S/O MURULAIAH, MAJOR, R/AT NO.48/9, 19TH MAIN, M.C. LAYOUT, VIJAYANAGARA, BENGALURU-560 085.

5) T.S. NAVEEN, S/O SRI. SHIVASHANKARAIH, MAJOR, R/AT NO.48/9, 19TH MAIN, M.C. LAYOUT, VIJAYANAGARA, BENGALURU-560 085.

6) T.S. MOHAN, S/O SRI. SHIVASHANKARAIH, MAJOR, R/AT NO.48/9, 19TH MAIN, M.C. LAYOUT, VIJAYANAGARA, BENGALURU-560 085.

7) H.S. SHOBHA, W/O T.S. RAVIKUMAR, MAJOR, R/AT NO.515, 14TH MAIN, MANJUNATHA NAGARA, BENGALURU-560 085.

8) SMT. SUDHA, -7- D/O SATHEESH, MAJOR, R/AT NO.718, OM SHAKTHI NILAYA, 4TH MAIN, 12TH A CROSS, BHEL EXTENSION, RAJARAJESHWARI NAGARA, BENGALURU-560 098.

9) SMT. V. SHANTHA, W/O LAKSMINARAYANA SHETTY, MAJOR, R/AT NO.83, 1ST FLOOR, SUNKENAHALLI, HANUMANTHNAGAR, BENGALURU-560 067.

10) LAKSMINARAYANA SHETTY, S/O VENKATA SHETTY, MAJOR, R/AT NO.83, 1ST FLOOR, SUNKENAHALLI, HANUMANTHNAGAR, BENGALURU-560 067.

11) SMT. H.V. RADHAMANI, W/O N.G. GOVINDA SHETTY, MAJOR, R/AT NO.83, 1ST FLOOR, SUNKENAHALLI, HANUMANTHANAGAR, BENGALURU-560 067.

12) SRI. SOMA, S/O VEERATHA, MAJOR, R/AT NO.67, 8TH CROSS, 5TH MAIN, CHAMRAJPET, BENGALURU-560 085.

... RESPONDENTS (BY SRI. VIJAYAKUMAR MAJAGE, ADDL. SPP FOR RESPONDENTS No.1 AND 2) -8- THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO QUASH THE FIR, CHARGE SHEET AND ENTIRE PROCEEDINGS PENDING ON THE FILE OF THE IV ADDL. C.M.M., BENGALURU CITY, IN C.C NO.23107/2007, ARISING OUT OF CRIME NO.67/2006 DATED 12.08.2006, FOR THE OFFENCES PUNISHABLE UNDER SECTION 4 & 5 OF THE PRIZE CHIT AND MONEY CIRCULATION SCHEME (BANNING) ACT, 1978 AND SEC. 406, 409, 477(A), 418, 420 OF IPC.

IN CRIMINAL PETITION NO.2446 OF 2016 BETWEEN:

1) N.V. KRISHNAMOORTHY, S/O LATE VENKANNACHAR, AGED ABOUT 58 YEARS, R/AT NO.1219, 1ST STAGE, CHANDRA LAYOUT, BENGALURU-560 040.
2) P. RAJENDRA, S/O LATE K.B. PADMANABHA, AGED ABOUT 57 YEARS, R/AT NO.2986, 1ST A MAIN ROAD, C BLOCK, GAYATHRINAGAR, BENGALURU-560 021.
3) MRS. MAMATHA, W/O P. RAJENDRA, AGED ABOUT 42 YEARS, R/AT NO.2986, 1ST A MAIN ROAD, C BLOCK, GAYATHRINAGAR, BENGALURU-560 021.
4) MRS. KAMALA, W/O KRISHNAMOORTHY, AGED ABOUT 49 YEARS, R/AT NO.1219, 1ST STAGE, CHANDRA LAYOUT, BENGALURU-560 040. ...PETITIONERS (BY SRI. DILRAJ JUDE ROHIT SEQUEIRA, ADVOCATE) -9- AND:
1) THE STATE, REPRESENTED THROUGH THE SHANKARAPURA POLICE, REPD. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001.
2) STATE OF KARNATAKA, BY COMPETENT AUTHORITY, SPECIAL LAND ACQUISITION OFFICER, PODIUM BLOCK, 3RD FLOOR, VISHWESHWARAYA TOWERS, BENGALURU-560 001.
3) SRI. BALARAMA, S/O SRI. K.S. VASANTHA SHETTY, AGED ABOUT 66 YEARS, DEPUTY COMMANDENT, R/AT D-64, PWD QUARTERS, JEEVAN BHEEMA NAGARA, BENGALURU-560 075.

... RESPONDENTS (BY SRI. VIJAYAKUMAR MAJAGE, ADDL. SPP FOR RRESPONDENTS NO.1 AND 2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO QUASH THE CHARGE SHEET AND ENTIRE PROCEEDINGS PENDING ON THE FILE OF THE IV A.C.M.M., BENGALURU CITY, IN C.C NO.5409/2007, ARISING OUT OF CRIME NO.68/2006 DATED 17.08.2006, FOR THE OFFENCES PUNISHABLE UNDER SECTION 4 AND 5 OF THE PRIZE CHIT AND MONEY CIRCULATION SCHEME (BANNING) ACT, 1978 AND SECTION 408, 418 AND 420 OF IPC.

- 10 -

IN CRIMINAL PETITION NO.2447 OF 2016 BETWEEN:

1) N.V. KRISHNAMOORTHY, S/O LATE VENKANNACHAR, AGED ABOUT 58 YEARS, R/AT NO.1219, 1ST STAGE, CHANDRA LAYOUT, BENGALURU-560 040.
2) P. RAJENDRA, S/O LATE K.B. PADMANABHA, AGED ABOUT 57 YEARS, R/AT NO.2986, 1ST A MAIN ROAD, C BLOCK, GAYATHRINAGAR, BENGALURU-560 021.
3) MRS. MAMATHA, W/O P. RAJENDRA, AGED ABOUT 42 YEARS, R/AT NO.2986, 1ST A MAIN ROAD, C BLOCK, GAYATHRINAGAR, BENGALURU-560 021.
4) MRS. KAMALA, W/O KRISHNAMOORTHY, AGED ABOUT 49 YEARS, R/AT NO.1219, 1ST STAGE, CHANDRA LAYOUT, BENGALURU-560 040.

...PETITIONERS (BY SRI. DILRAJ JUDE ROHIT SEQUEIRA, ADVOCATE) AND:

1) THE STATE, REPRESENTED THROUGH THE SHANKARAPURA POLICE, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001.

- 11 -

2) STATE OF KARNATAKA, BY COMPETENT AUTHORITY, SPECIAL LAND ACQUISITION OFFICER, PODIUM BLOCK, 3RD FLOOR, VISHWESHWARAYA TOWERS, BENGALURU-560 001.

3) SMT. S.N. SUNANDA, W/O SRI. ANANDA. B.S, AGED ABOUT 30 YEARS, R/AT 1ST PHASE, 5TH BLOCK, 15TH MAIN, HBR LAYOUT, BENGALURU-560 043.

... RESPONDENTS (BY SRI. VIJAYAKUMAR MAJAGE, ADDL. SPP FOR RESPONDENTS NO.1 AND 2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO QUASH THE CHARGE SHEET AND ENTIRE PROCEEDINGS PENDING ON THE FILE OF THE HON'BLE IV A.C.M.M., BENGALURU CITY, IN C.C NO.23108/2007, ARISING OUT OF CR. NO.74/2006 DATED 29.08.2006, PERTAINING TO SHANKARAPURA POLICE STATION, FOR THE OFFENCES PUNISHABLE UNDER SECTION 4 AND 5 OF THE PRIZE CHIT AND MONEY CIRCULATION SCHEME (BANNING) ACT, 1978 AND SECTION 406, 409, 477(A) AND 420 OF IPC.

IN CRIMINAL PETITION NO.2452 OF 2016 BETWEEN:

1) N.V. KRISHNAMOORTHY, S/O LATE VENKANNACHAR, AGED ABOUT 58 YEARS, R/AT NO.1219, 1ST STAGE, CHANDRA LAYOUT, BENGALURU-560 040.

- 12 -

2) P. RAJENDRA, S/O LATE K.B. PADMANABHA, AGED ABOUT 57 YEARS, R/AT NO.2986, 1ST A MAIN ROAD, C BLOCK, GAYATHRINAGAR, BENGALURU-560 021.

3) MRS. MAMATHA, W/O P. RAJENDRA, AGED ABOUT 42 YEARS, R/AT NO.2986, 1ST A MAIN ROAD, C BLOCK, GAYATHRINAGAR, BENGALURU-560 021.

4) MRS. KAMALA, W/O KRISHNAMOORTHY, AGED ABOUT 49 YEARS, R/AT NO.1219, 1ST STAGE, CHANDRA LAYOUT, BENGALURU-560 040.

...PETITIONERS (BY SRI. DILRAJ JUDE ROHIT SEQUEIRA, ADVOCATE) AND:

1) THE STATE, REPRESENTED THROUGH THE SHANKARAPURA POLICE, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001.

2) STATE OF KARNATAKA, BY COMPETENT AUTHORITY, SPECIAL LAND ACQUISITION OFFICER, PODIUM BLOCK, 3RD FLOOR, VISHWESHWARAYA TOWERS, BENGALURU-560 001.

3) CHANDRASHEKARAIAH, S/O LATE CHENNABASAPPA,

- 13 -

AGED ABOUT 73 YEARS, R/AT NO.364/B, 5TH A MAIN ROAD, RENKO LAYOUT, VIJAYANAGARA, BENGALURU-560 040.

... RESPONDENTS (BY SRI. VIJAYAKUMAR MAJAGE, ADDL. SPP FOR RESPONDENTS NO. 1 AND 2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO QUASH THE CHARGE SHEET AND ENTIRE PROCEEDINGS PENDING ON THE FILE OF THE IV A.C.M.M., BENGALURU CITY, IN C.C NO.2436/2009, ARISING OUT OF CR. NO.58/2008 DATED 23.09.2008, PERTAINING TO SHANKARAPURA STATION, FOR THE OFFENCES PUNISHABLE UNDER SECTION 4 AND 5 OF THE PRIZE CHIT AND MONEY CIRCULATION SCHEME (BANNING ACT) 1978 AND SEC. 406, 409, 477(A), 420 OF IPC.

IN CRIMINAL PETITION NO.2453 OF 2016 BETWEEN:

1) N.V. KRISHNAMOORTHY, S/O LATE VENKANNACHAR, AGED ABOUT 58 YEARS, R/AT NO.1219, 1ST STAGE, CHANDRA LAYOUT, BENGALURU-560 040.
2) P. RAJENDRA, S/O LATE K.B. PADMANABHA, AGED ABOUT 57 YEARS, R/AT NO.2986, 1ST A MAIN ROAD, C BLOCK, GAYATHRINAGAR, BENGALURU-560 021.
3) MRS. MAMATHA, W/O P. RAJENDRA, AGED ABOUT 42 YEARS, R/AT NO.2986, 1ST A MAIN ROAD,
- 14 -

C BLOCK, GAYATHRINAGAR, BENGALURU-560 021.

4) MRS. KAMALA, W/O KRISHNAMOORTHY, AGED ABOUT 49 YEARS, R/AT NO.1219, 1ST STAGE, CHANDRA LAYOUT, BENGALURU-560 040.

...PETITIONERS (BY SRI. DILRAJ JUDE ROHIT SEQUEIRA, ADVOCATE) AND:

1) THE STATE, REPRESENTED THROUGH THE SHANKARAPURA POLICE, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001.

2) STATE OF KARNATAKA, BY COMPETENT AUTHORITY, SPECIAL LAND ACQUISITION OFFICER, PODIUM BLOCK, 3RD FLOOR, VISHWESHWARAYA TOWERS, BENGALURU-560 001.

3) HARIPRASAD. G, S/O GOWRAPPA, AGED ABOUT 46 YEARS, R/AT NO.3738, 1ST MAIN ROAD, GAYATHRI NAGARA, BENGALURU-560 021.

... RESPONDENTS (BY SRI. VIJAYAKUMAR MAJAGE, ADDL. SPP FOR RESPONDENTS NO. 1 AND 2)

- 15 -

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO QUASH THE CHARGE SHEET AND ENTIRE PROCEEDINGS PENDING ON THE FILE OF THE COURT OF IV A.C.M.M., BENGALURU CITY, IN C.C NO.15284/2009, ARISING OUT OF CR. NO.75/2008 DATED 04.12.2008, FOR THE OFFENCES PUNISHABLE UNDER SECTION 4 AND 5 OF THE PRIZE CHIT AND MONEY CIRCULATION SCHEME (BANNING) ACT, 1978 AND SEC. 406, 409, 477(A), 420 OF IPC.

IN CRIMINAL PETITION NO.2440 OF 2016 BETWEEN:

1. P. RAJENDRA S/O LATE K.B. PADMANABHA, AGED ABOUT 57 YEARS, RESIDING AT NO.2986, 1ST A MAIN ROAD, C BLOCK, GAYATHRINAGAR, BENGALURU-560 021.
2. N.V. KRISHNAMOORTHY S/O LATE VENKANNACHAR, AGED ABOUT 58 YEARS, RESIDING AT NO.1219, 1ST STAGE, CHANDRALAYOUT, BENGALURU-560 040.

...PETITIONERS (BY SRI. DILRAJ JUDE ROHIT SEQUEIRA, ADVOCATE) AND:

1. THE STATE, REPRESENTED THROUGH THE SHANKARAPURA POLICE, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001.

- 16 -

2. Y. NAGARAJU S/O YELLAPPA, AGED ABOUT 55 YEARS, POLICE INSPECTOR, SHANKARAPURAM POLICE STATION, BENGALURU-560 004.

... RESPONDENTS (BY SRI. VIJAYAKUMAR MAJAGE, ADDL. SPP FOR RESPONDENT NO.1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS PENDING ON THE FILE OF THE HON'BLE IV A.C.M.M., BENGALURU IN C.C.NO.4462/2005 ARISING OUT OF CRIME NO.85/2004 DATED 22.09.2004 FOR THE OFFENCES PUNISHABLE UNDER SECTION 3, 4 AND 5 OF THE PRIZE CHIT AND MNONEY CIRCULATION SCHEME (BANNING) ACT.

IN CRIMINAL PETITION NO.2441 OF 2016 BETWEEN:

1. N.V. KRISHNAMOORTHY S/O LATE VENKANNACHAR, AGED ABOUT 58 YEARS, RESIDING AT No.1219, 1ST STAGE, CHANDRALAYOUT, BENGALURU-560 040.
2. P. RAJENDRA S/O LATE K.B. PADMANABHA, AGED ABOUT 57 YEARS, RESIDING AT No.2986, 1ST A MAIN ROAD, C BLOCK, GAYATHRINAGAR, BENGALURU-560 021.
3. MRS. MAMATHA W/O P. RAJENDRA, AGED ABOUT 42 YEARS, RESIDING AT NO.2986, 1ST A MAIN ROAD, C BLOCK,
- 17 -

GAYATHRINAGAR, BENGALURU-560 021.

4. MRS. KAMALA W/O KRISHNAMOORTHY, AGED ABOUT 49 YEARS, RESIDING AT NO.1219, 1ST STAGE, CHANDRALAYOUT, BENGALURU-560 040.

...PETITIONERS (BY SRI. DILRAJ JUDE ROHIT SEQUEIRA, ADVOCATE) AND:

1. THE STATE, REPRESENTED THROUGH THE SHANKARAPURA POLICE, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001.
2. STATE OF KARNATAKA, BY COMPETENT AUTHORITY, SPECIAL LAND ACQUISITION OFFICER, PODIUM BLOCK, 3RD FLOOR, VISHWESHWARAYA TOWER, BENGALURU-560 001.
3. SMT. V. RANGANAYAKI W/O NARASAPPA, AGED ABOUT 63 YEARS, R/A No.113, 2ND MAIN, CHAMARAJPET, BENGALURU-560 085.

... RESPONDENTS (BY SRI. VIJAYAKUMAR MAJAGE, ADDL. SPP FOR RESPONDENTS NO.1 AND 2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C. PRAYING TO QUASH THE CHARGE SHEET AND ENTIRE PROCEEDINGS PENDING ON THE FILE OF THE HON'BLE IV

- 18 -

A.C.M.M., BENGALURU IN C.C.NO.23106/2007 ARISING OUT OF CR.NO.46/2005 DATED 19.09.2005 PERTAINING TO SHANKARAPURA P.S., FOR THE OFFENCES P/U/S 4 AND 5 OF THE PRIZE CHIT AND MONEY CIRCULATION SCHME (BANNING) ACT AND SEC. 406, 409, 477(A) AND 420 OF IPC.

IN CRIMINAL PETITION NO.2442 OF 2016 BETWEEN:

1) N.V. KRISHNAMOORTHY, S/O LATE VENKANNACHAR, AGED ABOUT 58 YEARS, R/AT NO.1219, 1ST STAGE, CHANDRALAYOUT, BENGALURU-560 040.
2) P. RAJENDRA, S/O LATE K.B. PADMANABHA, AGED ABOUT 57 YEARS, R/AT NO.2986, 1ST A MAIN ROAD, C BLOCK, GAYATHRINAGAR, BENGALURU-560 021.
3) MRS. MAMATHA, W/O P. RAJENDRA, AGED ABOUT 42 YEARS, R/AT NO.2986, 1ST A MAIN ROAD, C BLOCK, GAYATHRINAGAR, BENGALURU-560 021.
4) MRS. KAMALA, W/O KRISHNAMOORTHY, AGED ABOUT 49 YEARS, R/AT NO.1219, 1ST STAGE, CHANDRA LAYOUT, BENGALURU-560 040.

...PETITIONERS (BY SRI. DILRAJ JUDE ROHIT SEQUEIRA, ADVOCATE)

- 19 -

AND:

1) THE STATE, REPRESENTED THROUGH THE SHANKARAPURA POLICE, REPRESENTED. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001.

2) STATE OF KARNATAKA, BY COMPETENT AUTHORITY, SPECIAL LAND ACQUISITION OFFICER, PODIUM BLOCK, 3RD FLOOR, VISHWESHWARAYA TOWERS, BENGALURU-560 001.

3) V.E. PARAMESHWARA, S/O LATE V.R. EKAMBARAM, AGED ABOUT 54 YEARS, R/AT NO.119/1, 2ND MAIN ROAD, 3RD CROSS, OKULIPURAM, BENGALURU.

... RESPONDENTS (BY SRI. VIJAYAKUMAR MAJAGE, ADDL. SPP FOR RESPONDENTS NO. 1 AND 2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO QUASH THE CHARGE SHEET AND ENTIRE PROCEEDINGS PENDING ON THE FILE OF THE HON'BLE COURT OF IV ADDL. C.M.M., BENGALURU CITY, IN C.C NO.30902/2006, ARISING OUT OF CR. NO.63/2006 DATED 06.08.2006, PERTAINING TO SHANKARAPURA STATION, FOR THE OFFENCES PUNISHABLE UNDER SECTION 4, 5 OF THE PRIZE CHIT AND MONEY CIRCULATION SCHEME (BANNING ACT) 1978 AND SEC. 408, 420, 418 OF IPC.

- 20 -

IN CRIMINAL PETITION NO.2443 OF 2016 BETWEEN:

1) N.V. KRISHNAMOORTHY, S/O LATE VENKANNACHAR, AGED ABOUT 58 YEARS, R/AT NO.1219, 1ST STAGE, CHANDRALAYOUT, BENGALURU-560 040.
2) P. RAJENDRA, S/O LATE K.B. PADMANABHA, AGED ABOUT 57 YEARS, R/AT NO.2986, 1ST A MAIN ROAD, C BLOCK, GAYATHRINAGAR, BENGALURU-560 021.
3) MRS. MAMATHA, W/O P. RAJENDRA, AGED ABOUT 42 YEARS, R/AT NO.2986, 1ST A MAIN ROAD, C BLOCK, GAYATHRINAGAR, BENGALURU-560 021.
4) MRS. KAMALA, W/O KRISHNAMOORTHY, AGED ABOUT 49 YEARS, R/AT NO.1219, 1ST STAGE, CHANDRA LAYOUT, BENGALURU-560 040.

...PETITIONERS (BY SRI. DILRAJ JUDE ROHIT SEQUEIRA, ADVOCATE) AND:

1) THE STATE, REPRESENTED THROUGH THE SHANKARAPURA POLICE, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001.

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2) STATE OF KARNATAKA, BY COMPETENT AUTHORITY, SPECIAL LAND ACQUISITION OFFICER, PODIUM BLOCK, 3RD FLOOR, VISHWESHWARAYA TOWERS, BENGALURU-560 001.

3) SUVARNA, S/O RAVEESHA, AGED ABOUT 42 YEARS, R/AT NO.A-2-8, MARP QUARTERS, BENGALURU GATE, TUMAKURU-572 201.

... RESPONDENTS (BY SRI. VIJAYAKUMAR MAJAGE, ADDL. SPP FOR RESPONDENTS NO. 1 AND 2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO QUASH THE CHARGE SHEET AND ENTIRE PROCEEDINGS PENDING ON THE FILE OF THE HON'BLE COURT OF IV ADDL.C.M.M., BENGALURU CITY, IN C.C NO.34004/2006, ARISING OUT OF CR. NO.64/2006 DATED 06.08.2006, PERTAINING TO SHANKARAPURA STATION, FOR THE OFFENCES PUNISHABLE UNDER SECTION 4, 5 OF THE PRIZE CHIT AND MONEY CIRCULATION SCHEME (BANNING ACT) 1978 AND SECTION 418, 408, 420 OF IPC.

IN CRIMINAL PETITION NO.2448 OF 2016 BETWEEN:

1) N.V. KRISHNAMOORTHY, S/O LATE VENKANNACHAR, AGED ABOUT 58 YEARS, R/AT NO.1219, 1ST STAGE, CHANDRA LAYOUT, BENGALURU-560 040.

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2) P. RAJENDRA, S/O LATE K.B. PADMANABHA, AGED ABOUT 57 YEARS, R/AT NO.2986, 1ST A MAIN ROAD, C BLOCK, GAYATHRINAGAR, BENGALURU-560 021.

3) MRS. MAMATHA, W/O P. RAJENDRA, AGED ABOUT 42 YEARS, R/AT NO.2986, 1ST A MAIN ROAD, C BLOCK, GAYATHRINAGAR, BENGALURU-560 021.

4) MRS. KAMALA, W/O KRISHNAMOORTHY, AGED ABOUT 49 YEARS, R/AT NO.1219, 1ST STAGE, CHANDRA LAYOUT, BENGALURU-560 040.

...PETITIONERS (BY SRI. DILRAJ JUDE ROHIT SEQUEIRA, ADVOCATE) AND:

1) THE STATE, REPRESENTED THROUGH THE SHANKARAPURA POLICE, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001.

2) STATE OF KARNATAKA, BY COMPETENT AUTHORITY, SPECIAL LAND ACQUISITION OFFICER, PODIUM BLOCK, 3RD FLOOR, VISHWESHWARAYA TOWERS, BENGALURU-560 001.

3) SMT. PRABHASATYAN, W/O SATYANARAYANA, AGED ABOUT 58 YEARS,

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R/AT NO.291, 8TH CROSS, 5TH MAIN, JAYANAGARA, MYSURU-570 001.

... RESPONDENTS (BY SRI. VIJAYAKUMAR MAJAGE, ADDL. SPP FOR RESPONDENTS NO.1 AND 2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO QUASH THE CHARGE SHEET AND ENTIRE PROCEEDINGS PENDING ON THE FILE OF THE HON'BLE IV A.C.M.M., BENGALURU CITY, IN C.C NO.23109/2007, ARISING OUT OF CR. NO.77/2006 DATED 15.09.2006, PERTAINING TO SHANKARAPURA P.S., FOR THE OFFENCES PUNISHABLE UNDER SECTION 4 AND 5 OF THE PRIZE CHIT AND MONEY CIRCULATION SCHEME (BANNING ACT) AND SEC. 406, 409, 477(A) AND 420 OF IPC.

IN CRIMINAL PETITION NO.2449 OF 2016 BETWEEN:

1) N.V. KRISHNAMOORTHY, S/O LATE VENKANNACHAR, AGED ABOUT 58 YEARS, R/AT NO.1219, 1ST STAGE, CHANDRALAYOUT, BENGALURU-560 040.
2) P. RAJENDRA, S/O LATE K.B. PADMANABHA, AGED ABOUT 57 YEARS, R/AT NO.2986, 1ST A MAIN ROAD, C BLOCK, GAYATHRINAGAR, BENGALURU-560 021.
3) MRS. MAMATHA, W/O P. RAJENDRA, AGED ABOUT 42 YEARS, R/AT NO.2986, 1ST A MAIN ROAD,
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C BLOCK, GAYATHRINAGAR, BENGALURU-560 021.

4) MRS. KAMALA, W/O KRISHNAMOORTHY, AGED ABOUT 49 YEARS, R/AT NO.1219, 1ST STAGE, CHANDRA LAYOUT, BENGALURU-560 040.

...PETITIONERS (BY SRI. DILRAJ JUDE ROHIT SEQUEIRA, ADVOCATE) AND:

1) THE STATE, REPRESENTED THROUGH THE SHANKARAPURA POLICE, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001.

2) STATE OF KARNATAKA, BY COMPETENT AUTHORITY, SPECIAL LAND ACQUISITION OFFICER, PODIUM BLOCK, 3RD FLOOR, VISHWESHWARAYA TOWERS, BENGALURU-560 001.

3) S. UMESH RAO, S/O LATE S.N. RAO, AGED ABOUT 43 YEARS, R/AT NO.1536, 9TH MAIN, 6TH CROSS, SRINIVAS NAGARA, BENGALURU-560 050.

... RESPONDENTS (BY SRI. VIJAYAKUMAR MAJAGE, ADDL. SPP FOR RESPONDENTS NO. 1 AND 2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO QUASH THE CHARGE SHEET AND ENTIRE PROCEEDINGS PENDING ON THE FILE OF THE IV ADDL. C.M.M., BENGALURU CITY, IN C.C NO.10689/2007, ARISING OUT OF CR. NO.1/2006, 71/2006 AND 75/2006 DATED 21.01.2006, FOR THE OFFENCES PUNISHABLE UNDER SECTION 4 AND 5 OF THE PRIZE CHIT AND MONEY CIRCULATION SCHEME (BANNING ACT) AND SEC. 406, 409, 477(A), 420 OF IPC.

IN CRIMINAL PETITION NO.2450 OF 2016 BETWEEN:

1) N.V. KRISHNAMOORTHY, S/O LATE VENKANNACHAR, AGED ABOUT 58 YEARS, R/AT NO.1219, 1ST STAGE, CHANDRA LAYOUT, BENGALURU-560 040.
2) P. RAJENDRA, S/O LATE K.B. PADMANABHA, AGED ABOUT 57 YEARS, R/AT NO.2986, 1ST A MAIN ROAD, C BLOCK, GAYATHRINAGAR, BENGALURU-560 021.
3) MRS. MAMATHA, W/O P. RAJENDRA, AGED ABOUT 42 YEARS, R/AT NO.2986, 1ST A MAIN ROAD, C BLOCK, GAYATHRINAGAR, BENGALURU-560 021.
4) MRS. KAMALA, W/O KRISHNAMOORTHY, AGED ABOUT 49 YEARS,
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R/AT NO.1219, 1ST STAGE, CHANDRA LAYOUT, BENGALURU-560 040.

...PETITIONERS (BY SRI. DILRAJ JUDE ROHIT SEQUEIRA, ADVOCATE) AND:

1) THE STATE, REPD. THROUGH THE SHANKARAPURA POLICE, REPD. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001.

2) STATE OF KARNATAKA, BY COMPETENT AUTHORITY, SPECIAL LAND ACQUISITION OFFICER, PODIUM BLOCK, 3RD FLOOR, VISHWESHWARAYA TOWERS, BENGALURU-560 001.

3) SRI. A. JAYARAM SHETTY, S/O SRI. HARI VITTALA SHETTY, AGED ABOUT 69 YEARS, R/AT P. ANUGATTI, AREHALLI (HASSAN), BELURE TALUK, HASSAN DISTRICT.

... RESPONDENTS (BY SRI. VIJAYAKUMAR MAJAGE, ADDL. SPP FOR RESPONDENTS NO. 1 AND 2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO QUASH THE CHARGE SHEET AND ENTIRE PROCEEDINGS PENDING ON THE FILE OF THE IV ADDL. C.M.M., BENGALURU CITY, IN C.C NO.2712/2008, ARISING OUT OF CR. NO.10/2007 DATED 22.02.2007, FOR THE

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OFFENCES PUNISHABLE UNDER SECTION 4 AND 5 OF THE PRIZE CHIT AND MONEY CIRCULATION SCHEME (BANNING ACT) 1987 AND SEC. 406, 409, 477(A), 420 OF IPC.

IN CRIMINAL PETITION NO.2451 OF 2016 BETWEEN:

1) N.V. KRISHNAMOORTHY, S/O LATE VENKANNACHAR, AGED ABOUT 58 YEARS, R/AT NO.1219, 1ST STAGE, CHANDRALAYOUT, BENGALURU-560 040.
2) P. RAJENDRA, S/O LATE K.B. PADMANABHA, AGED ABOUT 57 YEARS, R/AT NO.2986, 1ST A MAIN ROAD, C BLOCK, GAYATHRINAGAR, BENGALURU-560 021.
3) MRS. MAMATHA, W/O P. RAJENDRA, AGED ABOUT 42 YEARS, R/AT NO.2986, 1ST A MAIN ROAD, C BLOCK, GAYATHRINAGAR, BENGALURU-560 021.
4) MRS. KAMALA, W/O KRISHNAMOORTHY, AGED ABOUT 49 YEARS, R/AT NO.1219, 1ST STAGE, CHANDRA LAYOUT, BENGALURU-560 040.

...PETITIONERS (BY SRI. DILRAJ JUDE ROHIT SEQUEIRA, ADVOCATE)

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AND:

1) THE STATE, REPRESENTED THROUGH THE SHANKARAPURA POLICE, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001.

2) STATE OF KARNATAKA, BY COMPETENT AUTHORITY, SPECIAL LAND ACQUISITION OFFICER, PODIUM BLOCK, 3RD FLOOR, VISHWESHWARAYA TOWERS, BENGALURU-560 001.

3) SRI. K.A. CHIKKANNA, S/O SRI. LATE KEMPAIAH, AGED ABOUT 63 YEARS, R/AT NO.1565/J, 18TH MAIN, 9TH CROSS, MUNESHWARA BLOCK, AVALAHALLI, NEAR AROGYA KENDRA, BENGALURU-560 026.

4) SMT. LAKSHMAMMA, W/O SRI. LATE SHIVARAMAIAH AGED ABOUT 60 YEARS, R/AT NO.1565/J, 18TH MAIN, 9TH CROSS, MUNESHWARA BLOCK, AVALAHALLI, NEAR AROGYA KENDRA, BENGALURU-560 026.

... RESPONDENTS (BY SRI. VIJAYAKUMAR MAJAGE, ADDL. SPP FOR R-1 & 2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO QUASH THE CHARGE SHEET AND ENTIRE PROCEEDINGS PENDING ON THE FILE OF THE IV A.C.M.M., BENGALURU CITY, IN C.C NO.12316/2009, ARISING OUT OF CRIME NO.55/2008 DATED 17.09.2008, FOR THE

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OFFENCES PUNISHABLE UNDER SECTION 4 AND 5 OF THE PRIZE CHIT AND MONEY CIRCULATION SCHEME (BANNING ACT) 1978 AND SEC. 406, 409, 477(A), 420 OF IPC.

THESE CRIMINAL PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

COMMON ORDERS These fifteen petitions are filed under Section 482 of Cr. P.C. seeking to quash the following criminal proceedings pending on the file of the ACMM, Bengaluru.
1. C.C.No.29313/2006 2. C.C.No.34009/2006 3. C.C.No.23107/2007 4. C.C.No.5409/2007 5. C.C.No.23108/2007 6. C.C.No.2436/2009 7. C.C.No.15284/2009 8. C.C.No.4462/2005 9. C.C.No.23106/2007 10. C.C.No.30902/2006 11. C.C.No.34004/2006 12. C.C.No.23109/2007 13. C.C.No.10689/2007
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14. C.C.No.2712/2008 15. C.C.No.12316/2009
2. The above proceedings were initiated on the basis of the complaints lodged by the various depositors alleging commission of offences punishable U/s 418, 420 and section 4 & 5 of Prize Chit and Money Circulation Scheme (banning) Act, 1978. It is stated that after the investigation charge sheet has been laid in all the above cases before the IV ACMM, Bengaluru and trial has commenced in all the above cases.
3. The learned counsel for the petitioners submit that since all the above cases are tried individually by the court on different dates, the trial has been unnecessarily prolonging causing grave hardship to the witnesses who have to appear before the court on different dates.
4. Since all these matters arise out of transaction relating to the deposits made by various
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complainants under the provisions of Prize Chit and Money Circulation Act, in order to expedite the matters and also for the convenience of the witnesses and the accused, it would be expedient for the trial Court to conduct the trial of all these cases preferably on the same day. Hence, all these petitions are disposed of with a direction to the Trial Court namely the IV ACMM, Bengaluru, to hold trial of all the above proceedings as far as possible on the same day and hold trial keeping in mind the convenience of the witnesses and the accused.

Petitions are disposed of accordingly.

In view of the disposal of the main petitions, I.A.No.1/16 in Crl.P.No.2439/2016, I.A.No.1/2017 in Crl.P.No.2444/2016, I.A.No.1/2017 in Crl.P.No.2445/ 2016, I.A.No.1/2017 in Crl.P.No.2446/2016, I.A.No.1/ 2017 in Crl.P.No.2447/2016, I.A.No.1/2017 in Crl.P.No.2452/2016, I.A.No.1/2017 in Crl.P.No.2453/

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2016, I.A.No.1/2016 in Crl.P.No.2440/2016, I.A.No.1/2016 in Crl.P.No.2441/2016, I.A.No.1/2016 in Crl.P.No.2442/2016, I.A.No.1/2016 in Crl.P.No.2443/ 2016, I.A.No.1/2016 in Crl.P.No.2448/2016, I.A.No.1/2016 in Crl.P.No.2449/2016, I.A.No.1/2016 in Crl.P.No.2450/2016 and I.A.No.1/2016 in Crl.P.No.2451/2016, do not survive for consideration and are accordingly disposed of.

SD/-

JUDGE BMC/LL