Criminal petitioner sought quashing of prosecution for cheating under Section 482 Cr.P.C. Court found charge sheet not wholly groundless and denied exercise of inherent powers to quash.
Petition dismissed. Trial Court to expedite proceedings.
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 11th DAY OF FEBRUARY 2021
BEFORE
THE HON’BLE MR. JUSTICE P. KRISHNA BHAT CRL.P. NO.102033/2017
BETWEEN:
DR. PRABHUDEV S/O MAHANTAPPA TUMBARAGADDI, AGE: 50 YEARS, OCC: CHIEF OF LITTLE WANDERS, SCHOOL, NEAR COURT CIRCLE, HUBBALLI, R/O: VIDYAGERI TEACHERS COLONY, BAGALKOT., AT PRESENT: LAXMI COMPLEX, COURT CIRCLE, HUBBALLI, C/O: R.N.S. QUARTERS, MURUDESHWAR.
...PETITIONER
(BY SRI. VIJAY CHINIVAR, ADV. FOR SRI. VIDYASHANKAR G DALWAI (VK A/W NOC FILED))
AND
1 . THE STATE OF KARNATAKA BY PSI, HUBBALLI SUB-URBAN PS, HUBBALLI, RPTD. BY SPP HIGH COURT OF KARNATAKA, DHARWAD.
2 . SANTOSH S/O CHOKAPPA MALAGANKAR AGE: 38 YEARS, OCC: PRIVATE WORK, R/O: MANNUR VILLAGE, TQ: AFZALPUR, DIST: GULBARGA.
…RESPONDENTS
(BY SRI.PRAVEEN K.UPPAR, HCGP FOR R1)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., SEEKING TO QUASH PROCEEDINGS IN C.C.NO.2220/2015 AS AGAINST THIS PETITIONER (HUBBALLI SUB-URBAN POLICE STATION CRIME NO.298/2013) PENDING ON THE FILE OF THE PRL. CIVIL JUDGE
AND JMFC, HUBBALLI FOR THE OFFENCES PUNISHABLE UNDER SECTION 406, 420 R/W SECTION 34 OF IPC INSOFAR AS PETITIONER IS CONCERNED.
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. seeking quashing of CC No.2220/2015 (Hubli Sub-Urban Police station in Crime No.298/2013) on the file of the learned Principal Civil
Judge and JMFC, Hubli, for offences punishable under Sections 406, 420 r/w 34 of IPC.
induced those witnesses to pay the accused Rs.5,00,000/- each and accordingly, they had collected from CWs.4, 5 and 6 Rs.5,00,000/- each and they had totally defrauded them to the extent of Rs.20,00,000/-.
they had received huge amount of money from them and in particular, it is specifically stated that money was received by the petitioner herein and he had specifically assured after receiving the said money that CWs4 to 6 would get the jobs.
that the charge sheet against the petitioner cannot be said to be wholly groundless as contended in the petition.
Cr.P.C. Accordingly, I proceed to pass the following:-
The above petition is dismissed. The trial Court shall expedite the proceedings before it.
In view of the above order, IA 1/2017 does not survive for consideration and accordingly, it is disposed of.
Sd/JUDGE
Vmb
3 issues framed by the court
Whether the present criminal proceeding is a fit case for quashing proceedings under Section 482 of Cr.P.C.
Whether the charge sheet against the petitioner is wholly groundless.
Whether there is fundamental lack of evidence to sustain the allegations of cheating against the petitioner.
1 provisions across 1 enactments
DR. PRABHUDEV S/O MAHANTAPPA TUMBARAGADDI
THE STATE OF KARNATAKA
SANTOSH S/O CHOKAPPA MALAGANKAR
P. KRISHNA BHAT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
