Allowed

Sri Shashikumar K @ Shashi v. the State of Karnataka

Karnataka HC1 Mar 2024CRL.P/12840/2023

Case brief

AI extract

What is this about?

In a criminal petition filed under Section 482 Cr.P.C., the High Court quashed the FIR against the petitioner for alleged cheating and criminal breach of trust. The court found that fees were paid directly to the college, not to the individual petitioner, rendering the prima facie allegations insufficient to sustain the case.

What did the court decide?

The entire proceedings in Cr.No.344/2023 registered for offences punishable under Sections 34, 406 and 420 of IPC are quashed against the petitioner.

Sri Shashikumar K @ Shashi Vs the State of Karnataka — Cheating and Forgery | Karnataka HC (2024)

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NC: 2024:KHC:8661 CRL.P No. 12840 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1^ST DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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CRIMINAL PETITION NO. 12840 OF 2023

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BETWEEN:

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SRI SHASHIKUMAR K @ SHASHI, S/O KRISHNAPPA A V, AGED ABOUT 31 YEARS, ADMINISTRATIVE OFFICER, SHASHIKOTE COLLEGE OF PHARMACY, 1^ST CROSS, DODDABALLAPURA ROAD, YELAHANKA NEW TOWN, BANGALORE-560 064.

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…PETITIONER

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(BY SRI SRIRAM SINGH, ADVOCATE [PH])

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AND:

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Digitally signed by NANDINI R Location: High Court of Karnataka

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THE STATE OF KARNATAKA, BY YELAHANKA NEW TOWN POLICE STATION, BANGALORE-560 064. REP. SPP, HIGH COURT BUILDING.

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SMT. SHYNI SARJI, W/O V THOMAS, AGED ABOUT 50 YEARS, R/AT NO G-004, RG HOMES, 3^RD MAIN ROAD, LBS NAGAR, HAL, BANGALORE-590 008.

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…RESPONDENTS (BY SMT. K.P YASHODHA, HCGP FOR R1 [PH]; SRI ROHITKUMAR TIWARI, ADVOCATE FOR R2 [V/O DATED 20.02.2024])

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NC: 2024:KHC:8661 CRL.P No. 12840 of 2023

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THIS CRL.P IS FILED U/S 482 CR.PC TO QUASH THE ENTIRE FIR IN CR.NO.344/2023, FOR THE OFFENCE P/U/S 420, 406 AND 34 OF IPC, REGISTERED BY YELAHANKA NEW TOWN POLICE STATION, BANGALORE, AGAINST PETITIONER ON THE FILE OF THE 4^TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE AND GRANT SUCH OTHER RELIEF/S AS THIS HONBLE COURT DEEMS FIT.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Accused No.1 is before this Court under Section 482 of Cr.P.C. with a prayer to quash the entire proceedings in Cr.No.344/2023 registered by the Yelahanka New Town Police Station, Bengaluru for the offence punishable under Sections 34, 406 and 420 of IPC.

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Heard the learned counsel for the petitioner and learned High Court Government Pleader for respondent No.1.

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FIR in Cr.No.344/2023 was registered by the Yelahanka New Town Police Station, Bengaluru for the said offences against the petitioner and others on the complaint of respondent No.2 herein dated 12.09.2023.

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Being aggrieved by the same, the petitioner is before this Court.

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NC: 2024:KHC:8661 CRL.P No. 12840 of 2023

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Learned counsel for the petitioner submits that undisputedly the petitioner is only an employee of the college known as Shashikote College of Pharmacy. He is working as Administrative Officer in the said college. The college fee has been paid by the complainant to the account of the college and therefore, the alleged offence does not attract against the petitioner.

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Learned High Court Government Pleader has

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opposed this petition and prays to dismiss the petition.

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From a reading of the averments made in the complaint dated 12.09.2023, it is seen that the complainant was admitted to the college known as Shashikote College of Pharmacy in the year 2020. Even as per the complaint averments, the yearly fee was paid by the complainant through bank transactions directly to the account of the college. There is no allegation that any amount was paid in cash to the petitioner, for which, receipt was not issued. The allegations found in the complaint do not prima facie attract the alleged offences against the petitioner. Necessary ingredients which would constitute the alleged offences are absent in the

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NC: 2024:KHC:8661 CRL.P No. 12840 of 2023

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complaint. The very fact that yearly fee is paid by the complainant would go to show that she was continuing her studies in the college and she was paying the fees directly to the account of the college.

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Under such circumstances, continuation of the criminal proceedings which prima facie do not make out a case for the alleged offences against the petitioner would amount to abuse of process of law and therefore, the proceedings are liable to be quashed. Therefore, the Criminal Petition is allowed. The entire proceedings in Crl.No.344/2023 registered by the Yelahanka New Town Police Station, Bengaluru for the offence punishable under Sections 34, 406 and 420 of IPC is quashed against the petitioner.

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Sd/JUDGE

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NR/-

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List No.: 1 Sl No.: 40

Sri Shashikumar K @ Shashi v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Shashikumar K @ Shashi v. the State of Karnataka

Case brief

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What did the court decide?

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