Karnataka High Court
Mr. Abdul Razak Pane Mangalore vs The State Of Karnataka on 12 November, 2020
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
CRL.P. No.371 OF 2020
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF NOVEMBER, 2020
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
CRIMINAL PETITION NO.371 OF 2020
BETWEEN:
1. MR. ABDUL RAZAK PANE MANGALORE
S/O MR. AHMAD PANE MANGALORE
AGED ABOUT 37 YEARS
R/AT D.NO.5-65
NEHARU NAGARA HOUSE
NARIKOMBU, PANE MANGALORE POST
BANTWAL TALUK
D.K.DISTRICT-574231
2. MR. MOHAMMED SHARIF
@ MOHAMMED SHAREEF
PANE MANGALORE
S/O MR. ABOOBAKKAR AGRAHAR
AGED 34 YEARS
R/AT NEHARU NAGARA HOUSE
NARIKOMBU, BANTWALA TALUK
D.K. DISTRICT-574231 ... PETITIONERS
(BY SRI. MOHAMMED FARUKE, ADVOCATE)
AND:
THE STATE OF KARNATAKA
BY MANGALORE EAST POLICE STATION
CENTRAL SUB-DIVISION
MANGALORE CITY
DAKSHINA KANNADA DISTRICT
REPRESENTED BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BANGALORE-560001 ... RESPONDENT
(BY SRI. K. NAGESHWARAPPA, HCGP)
CRL.P. No.371 OF 2020
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THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C,
PRAYING TO QUASH THE FIR IN CR.NO.139/2019 BY RESPONDENT
POLICE FOR THE ALLEGED OFFENCE P/U/S 420 OF IPC R/W 10, 24
OF IMMIGRATION ACT, IN WHICH THE PETITIONERS ARE SHOWN
AS ACCUSED NO.1 AND 2 RESPECTIVELY OF MANGALURU EAST
P.S., CENTRAL SUB DIVISION MANGALORE CITY D.K., PENDING ON
THE FILE OF THE JMFC VI COURT MANGALORE D.K.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION,
THIS DAY, THROUGH VIDEO CONFERENCE THE COURT MADE
THE FOLLOWING:
ORDER
1. The petitioners are before this Court seeking for quashing of FIR in Crime No.139/2019 registered by the respondent-police for the alleged offences under Section 420 of IPC r/w Section 10 and 24 of Emigration Act, 1983.
2. The case of the prosecution is that an FIR was suo moto registered by the respondent-police alleging that they had definite information that the petitioners were inducing general public with a promise to provide VISA for foreign employment and carrying out emigration activities.
3. The petitioners are before this Court contending that the petitioners are carrying out lawful business activities CRL.P. No.371 OF 2020 3 and as of now there is no complaint which has been filed against the petitioners. Therefore, suo moto complaint could not have been registered for offences under Section 420 IPC when nobody has alleged that the petitioners have cheated anybody.
4. Sri.Mohammed Faruke, learned counsel for the petitioners submits that it is but required that the requirements and essentials of Section 420 have to be satisfied before initiating any proceedings. The complainant-police cannot suo moto register a complaint for the alleged offence under Section 420 of IPC when none has complained of such an offence of cheating. On this ground he submits that the above proceedings are required to be quashed.
5. On enquiry with Sri.Nageshwarappa, learned HCGP, he submits that there are no complaints which have been received as of now, but however he submits that there may be complaints which may be received in future. It is in order to be proactive, the police on coming to know that the petitioners are carrying out unlawful activities CRL.P. No.371 OF 2020 4 by promising foreign VISA and employment that the respondent-police have acted in order to prevent anybody from being further cheated. On this ground, he submits that the petition needs to be dismissed.
6. Heard Sri.Mohammed Faruke, learned counsel for the petitioners and Sri.Nageshwarappa, learned HCGP for the respondent-State.
7. On perusing the complaint which has been registered, it is seen that the same is being registered by the ASI attached to the concerned police station and he in his written complaint has stated that as per their information, the petitioners are making false promises of providing VISA and employment in foreign countries and collecting monies from unsuspecting public and therefore, he sought for action to be taken.
8. Though the said complaint has been filed on 28.9.2019 till date as per the answer given by Sri.Nageshwarappa, learned HCGP there is no complaint filed against the petitioners by any member of the public complaining that the petitioners have cheated such a member of the CRL.P. No.371 OF 2020 5 public. In view thereof, though it is contended that the police have acted pro-actively, I am of the considered opinion that the offences alleged being that of Section 420 of IPC, without a person being cheated no prosecution could be initiated. As such, the FIR in Crime No.139/2019 is hereby quashed reserving liberty to the respondent-police to initiate fresh action in the event of any complaint being received by respondent- police against the petitioners for any act of cheating.
9. The petition is accordingly allowed.
10. In view of disposal of the petition, IA No.1/2019 stands dismissed.
Sd/-
JUDGE ln