Karnataka High Court
J Nagaraj vs The State Of Karnataka And Anr on 19 November, 2021
Author: H.P.Sandesh
Bench: H.P.Sandesh
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 19TH DAY OF NOVEMBER 2021
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
CRIMINAL PETITION No.200723/2021
BETWEEN:
J. NAGARAJ S/O GURULINGAPPA
AGE: 55 YEARS, OCC: FIRST DIVISION ASSISTANT,
CHILD WELFARE DEVELOPMENT OFFICE, DEODURGA,
CURRENTLY WORKING AT DEPUTY DIRECTOR,
WOMEN AND CHILD DEVELOPMENT DEPARTMENT.
RAICHUR.
R/O DEODURGA-584111.
... PETITIONER
(BY SRI R.S.LAGALI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
THROUGH THE SHO., DEODURGA PS.,
REP. BY THE ADDL. STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA, KALABURAGI-585102.
2. GURUPRASAD S/O NOT KNOWN
AGE: MAJOR, OCC: IN CHARGE CHILD & WOMEN
DEVELOPMENT OFFICER, DEODURGA.
... RESPONDENTS
(BY SRI GURURAJ V.HASILKAR, HCGP FOR R1;
R2 SERVED)
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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CRIMINAL PROCEDURE CODE PRAYING TO QUASH THE
CHARGESHEET & THE CRIMINAL PROCEEDINGS IN
C.C.NO.291/2018 (ARISING OUT OF DEODURGA PS. FIR
NO.219/2016) FOR THE OFFENCES PUNISHABLE U/S 409, 420,
201, 204 IPC PENDING BEFORE THE CIVIL JUDGE & JMFC
COURT, DEODURGA.
THIS PETITION COMING ON FOR ADMISSION THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed under section 482 of Cr.P.C., praying this Court to quash the chargesheet and the criminal proceedings in C.C.No.291/2018 (arising out of Deodurga P.S. FIR No.219/2016) for the for the offences punishable under Sections 409, 420, 201, 204 of IPC pending before the Civil Judge and JMFC Court Deodurga.
2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the State.
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3. The factual matrix of the case is that, the FIR is registered against the petitioner on 27.09.2016 in crime No.219/2016 and allegation made in the FIR that foodgrains which were meant to be supplied to Anganwadi Centers were illegally stored in the godown and the petitioner disposed of the said food grains for his personal gain. Hence, FIR is registered for the offences punishable under Sections 409, 420, 201, 204 of IPC. Thereafter, the order sheet of the Trial Court reveals that he was admitted to bail and surety was executed. The order sheet also reveals that final report was awaited. On perusal of the certified copies of the documents, it is clear that when the matter was adjourned from 31.03.2018 to 11.06.2018 the chargesheet was filed on 23.05.2018 and it was ordered to check and put up and thereafter on perusal of continuation of order sheet on 11.06.2018 it discloses that Presiding Officer was on leave and hence, the matter was adjourned to 31.07.2018. On 31.07.2018 also Presiding Officer was on leave and the matter was adjourned to 17.09.2018. Perusal of order sheet dated 17.09.2018 would show that 4 the order has been passed and issued summons to the accused. Learned Magistrate having filed the final report not perused the chargesheet and its enclosures and also not taken any cognizance, instead proceeded to issue summons and hence, the same has been questioned before this Court.
4. Having heard the learned counsel for the petitioner and the learned High Court Government Pleader and also on perusal of material on record, I have already pointed out that FIR is filed and subsequently, the accused was admitted to bail and thereafter final report is filed in between 31.03.2018 and 11.06.2018 and no cognizance was taken and learned Magistrate has not applied his judicious mind whether the chargesheet and its material discloses prima facie case to proceed against the petitioner herein and no such order has been passed and hence, issuance of summons to the accused vide order dated 17.09.2018 is hereby quashed and the matter requires to be considered afresh.
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5. In view of the discussion made above, I pass the following:
ORDER The petition is allowed. The matter is remanded back to the Trial Court to consider the matter afresh and learned Magistrate to apply his judicious mind and pass appropriate orders.
Sd/-
JUDGE VNR