This criminal petition filed under Section 482 CrPC sought to quash orders accepting a police B-report in a forgery case arising from a civil employment dispute. The petitioner failed to furnish admitted signatures. The High Court found no illegality in the impugned order and dismissed the petition.
Criminal petition is dismissed.
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CRL.P No. 6798 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 6798 OF 2017
BETWEEN:
MANJEGOWDA S/O LAKSHMEGOWDA, AGED ABOUT 59 YEARS, EX-KSRTC CONDUCTOR, ARASIKERE DEPOT, NOW R/AT no.141, COURT ROAD, HOLENARASIPURA TOWN, HASSAN DISTRICT.
…PETITIONER
(BY SRI. VIJAYA M.N., ADVOCATE) AND:
Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA
S/O NOT KNOWN TO THE PETITIONER AGED ABOUT 52 YEARS, ASST. ADMINISTRATIVE OFFICER, OFFICE OF DIVISIONAL CONTROLLER KSRTC DEPOT, CHIKKAMAGALUR DIVISION, CHIKKAMAGALURU-577 101.
CRL.P No. 6798 of 2017
S/O NOT KNOWN TO THE PETITIONER AGED ABOUT 34 YEARS, JUNIOR ASSISTANT, OFFICE OF DIVISIONAL CONTROLLER KSRTC DEPOT, CHIKKAMAGALURU DIVISION, CHIKKAMAGALURU-577 101.
…RESPONDENTS
(BY SRI. B.L. SANJEEV, ADVOCATE FOR R-1 TO R-3; SRI VINAYAKA V.S., HCGP FOR R-4)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE ORDER IN CRL.R.P NO.261/2015 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE AT CHIKKAMAGALURU DATED 23.05.2017 AND ORDERS PASSED IN PCR NO.16/2009 BY THE COURT OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM AT CHIKKAMAGALURU DATED 18.11.2015 ALLOW THE PETITION AND OPPORTUNITY MAY KINDLY GIVEN TO THE PETITIONER/COMPLAINANT TO PROCEED WITH THIS CASE.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
A private complaint under Section 200 of Cr.PC was filed by the petitioner herein for the offences under Sections 463, 464, 468 and 474 of IPC alleging that, when he was working as a conductor in the KSRTC, a departmental enquiry was initiated for misconduct, and after enquiry, he was dismissed from service, and the same was confirmed by the Labour Court
CRL.P No. 6798 of 2017
concerned, against which, a writ petition is filed before this Court and the same is pending consideration. It was further alleged that, in the meanwhile, the petitioner obtained some documents by filing an application under the provisions of Right to Information Act and, upon furnishing of information, it was found that, some of the documents were forged by the accused.
the police under Section 156(B) of Cr.PC. The police after conducting investigation, submitted the B' report to the learned Magistrate, to which, the complainant filed a protest petition. The learned Magistrate after considering the B' report and protest petition accepted the `B' report stating that, the dispute between the parties is purely civil in nature and also, the petitioner has failed to furnish the admitted signatures to the Investigating Officer to substantiate the allegation that the accused has forged the signature of the complainant.
CRL.P No. 6798 of 2017
considering the same, have submitted the B' report and the learned Magistrate, without taking into account that the documents clearly disclose that the signatures of the complainant were forged, has committed an error in accepting the B' report and the same is not sustainable in law.
B' report and, the learned Magistrate, taking into account the same, has rightly accepted the B' report and the same does not warrant any interference.CRL.P No. 6798 of 2017
him were forged. Hence, the learned Magistrate taking into account the `B' report has rightly passed the impugned order. I do not find any illegality in the impugned order. Accordingly,
I pass the following:
ORDER
Criminal petition is dismissed.
Sd/JUDGE
BKM
List No.: 2 Sl No.: 5
2 issues framed by the court
Whether the impugned order accepting the police B-report in a complaint alleging forgery amidst a civil employment dispute warrants judicial interference.
Whether the petitioner's failure to furnish admitted signatures to substantiate forgery allegations impacts the sustainability of the lower court's order.
4 provisions across 2 enactments
Manjegowda S/O Lakshmegowda
Sri Ramannagowda S/O Not Konwn To The Petitioner
Sri Basavaraj S/O Not Known To The Petitioner
Sri Manjanna S/O Not Known To The Petitioner
Sub-Inspector Of Police Town Police Station
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court