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This petition is filed by the petitioner/accused No.1 and 17 under Section 482 of Cr.P.C., praying to quash/ set aside the order dated 15.10.2007 in C.C.No. 2335/2007, pending on the file of the Prl. Civil Judge (Jr.Dn.) and JMFC-II Court, Gulbarga.

2. Brief facts of the case are that, an aircraft which was used for fighting war, was gifted to Nizam of Hyderabad during the year 1941. Thereafter, aircraft was found lying in the vacant place belonging to Gulbarga Municipality and P.D.A. Engineering College got the possession of the said aircraft in the year 1958 for being given to it by Gulbarga Municipality for the purpose of study for the Engineering students.

Thereafter, a news item was published in the India Today, stating that the Hyderabad Karnataka Education Society (hereinafter called as 'H.K.E. Society' for short) passed a resolution regarding disposal/sale of said aircraft and to acquire a Helicopter, antique motor vehicle, antique scooter and antique bicycle in exchange of the said aircraft. Accordingly, the HKE Society acquired them from one Girish Naidu in exchange for the aircraft for study purpose by the Engineering students. It is further alleged that, the accused persons have committed the offence by disposing of the said aircraft. On the basis of the said complaint, a case was registered in Cr.No.323/2002 and after investigation, charge sheet came to be filed against accused persons.

5. Per contra, the learned High Court Government Pleader vehemently argued and contended that, the Chairman of the Trust was in the helms of the affairs and actually he has presided over the meetings.

Further the record discloses that, he has actually participated in the meetings for disposal of the aircraft, which was lying in the premises of P.D.A. Engineering College, Gulbarga. He further contended that, petitioner-accused No.17 along with petitioner No.1, being the head of the institution and without there being any permission, either to sell or exchange from the Government, sold the aircraft in favour of one Sri. Girish Naidu. He further contended that, the said aircraft is the property of the Government and it is antique piece, which was being used for fighting war and same was gifted to Nizam of Hyderabad. Under the circumstances, the said aircraft belongs to the Government. He further contended that, Air Marshall has wrote a letter stating that crashed and unclaimed aircraft of foreign origin should rightfully be the property of Government of India. When that being the case, the HKE Society ought not to have sold the aircraft. It is further contended that, the aircraft was entrusted in possession and control of the H.K.E., Gulbarga, and the aircraft was only meant for the purpose of study of Engineering students. When the property is belonging to the Government and the same was given to the HKE society, before dealing with the said property, the President and Administrator ought to have taken the necessary permission. In this behalf, the Chairman and the Administrator have committed an offence as contemplated under the law. He further contended that, the Investigating Officer after fully investigating the case has filed the charge-sheet and thereafter the learned Magistrate after careful consideration of the material and after applying his judicious mind, issued the summons to the accused persons. The contention of the learned counsel for the petitioners in his behalf does not hold any water. On these grounds, he prays for dismissal of the said petition.

13. As such, he prays to apply the principles of parity and requests to quash the proceedings against the petitioners herein.

10. I have carefully gone through the certified copy of the order. The said order does not discuss in detail with regard to the manner in which the offences has not been made out by the petitioners-accused therein. Only by observing that, there are no ingredients forthcoming and in the absence of any document to show that aircraft has been handed over with certain conditions and the case against the petitioners-accused would not result in any useful purpose, the proceedings have been quashed. But, on perusal of the records and the statement of the witnesses, it clearly transpires that, the said aircraft has been given for the purpose of study for the Engineering students. Admittedly, the aircraft is the property of the Government of India, which is having the relic of aviation history and it was a antique piece. When the government property has been entrusted to the HKE Society, though there is no condition with reference to transfer and selling of the said aircraft, but when once, it has been given or entrusted for the purpose of study for the Engineering students and it was in their possession and custody, under such circumstances, without obtaining the prior permission from the Government or some other persons who is authorized to do so, if the said property has been sold to a third party who is not having any other interest in the society, under such circumstances, the said act of the petitioners-accused amounts to nothing but breach of trust and definitely it will be an offence under the Indian Penal Code. If it is a breach of condition, under such circumstances, it is covered under the contract and not under the Indian Penal Code. On perusal of records prima facie there appears to be some material as against petitioners-accused in this case. The allegations of the petitioners-accused in the said case where the proceedings have been quashed and in this case are quite different. Under the circumstances, the grounds urged by the learned counsel for the petitioners-accused that already the remaining accused persons have been discharged by quashing the proceedings and the same benefit should be given to the present petitioners-accused also does not help in any manner.