Allowed

Mr v. Govinda Raj v State of Karnataka

Karnataka HC4 Sept 2024CRL.P/2745/2024

Case brief

AI extract

What is this about?

Two FIRs were registered by one complainant against the same petitioners for the same offences arising from an allegedly fraudulent cancellation of an agreement of sale. The Court obliterated the CCB crime as hit by the doctrine of sameness, quashed the 'B' report in the other crime, ordered transfer of investigation to K.R. Puram Police, and set a six-month completion deadline.

What the court decided

AI extract

Mr v Govinda Raj Vs State of Karnataka — Quashing and FIR | Karnataka HC (2024)

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1 - NC: 2024:KHC:36090 CRL.P No. 2745 of 2024 C/W WP No. 11460 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA

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CRIMINAL PETITION NO. 2745 OF 2024 C/W

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WRIT PETITION NO. 11460 OF 2024 (GM-RES)

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IN CRL.P No. 2745/2024

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BETWEEN:

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MR V GOVINDA RAJ

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SON SRI VENKATARAMANAPPA, AGED ABOUT 60 YEARS,

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MRS LALITHA

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Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA

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WIFE OF MR V GOVINDA RAJ

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AGED ABOUT 55 YEARS,

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BOTH RESIDING AT NO.25, KACHARAKANAHALLI, ST. THOMAS TOWN POST, BENGALURU - 560 084

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…PETITIONERS

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(BY SRI. SYED KHAMRUDDIN, ADVOCATE)

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2 - NC: 2024:KHC:36090 CRL.P No. 2745 of 2024 C/W WP No. 11460 of 2024

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AND:

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STATE OF KARNATAKA

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BY CCB BENGALURU, BENGALURU - 560 001 REP. BY SPP HIGH COURT OF KARNATAKA BENGALURU - 560 001

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MR K RAMESH

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SON OF LATE L KRISHNAPPA,

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AGED ABOUT 58 YEARS R/AT 1^ST CROSS, KANAKA VINAYAKA TEMPLE, SHANTHI LAYOUT, R M NAGAR, BENGALURU - 560 016

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…RESPONDENTS

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(BY SRI. THEJESH P., HCGP FOR R1; SRI. KIRAN B., ADV. FOR R2)

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THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR AND COMPLINAT IN CCB BENGALURU CITY POLICE CRIME NO.2/2024 ON THE FILE OF THE HONBLE I ACMM AT BENGALURU CITY ALLEGING OFFENCE P/US 406, 419, 420, 464, 465, 466, 467, 474, 120-B R/W SEC.34 OF IPC (ANNEXURE A AND B).

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3 - NC: 2024:KHC:36090 CRL.P No. 2745 of 2024 C/W WP No. 11460 of 2024

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IN WP NO. 11460/2024

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BETWEEN:

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MR V GOVINDA RAJ S/O SRI VENKATARAMANAPPA AGED ABOUT 60 YEARS,

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MRS. LALITHA W/O MR. V GOVINDA RAJ AGED ABOUT 55 YEARS

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BOTH R/AT NO.25, KACHARAKANAHALLI, ST. THOMAS TOWN POST, BENGALURU - 560 084.

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ALSO AT NO.207, 2 'H' CROSS KAMMANAHALLI MAIN ROAD BENGALURU - 560 084.

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...PETITIONERS

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(BY SRI. SYED KHAMRUDDIN, ADVOCATE)

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AND:

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STATE OF KARNATAKA BY K R PURAM POLICE STATION BENGALURU - 560 001. REP. BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA

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NC: 2024:KHC:36090 CRL.P No. 2745 of 2024 C/W WP No. 11460 of 2024

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MR. K RAMESH

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S/O LATE L KRISHNAPPA R/AT 1^ST CROSS, KANAKA VINAYAKA TEMPLE SHANTHI LAYOUT, R M NAGAR BENGLAURU - 560 016.

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...RESPONDENTS

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(BY SRI. THEJESH P., HCGP FOR R1; SRI. KIRAN B., ADV. FOR R2)

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THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C PRAYING TO QUASH THE B REPORT DATED 22.03.2024 FILED BY THE R1 IN CRIME NO.164/2024 PENDING ON THE FILE OF THE HON'BLE III ADDITIONAL CHIEF METROPOLITAN MAGISTRATE (ACMM) AT BENGALURU CITY (ANNEXURE A); DIRECT THE R-1 TO CONDUCT INVESTIGATION IN FAIR AND UNBIASED MANNER IN CRIME NO.164/2024 REGISTERED BY THE R1 POLICE AND SUBMIT ITS REPORT TO THE JURISDICTIONAL MAGISTRATE, (ANNEXURE - B) COPY OF THE FIR AND ANNEXURE - C COPY OF THE COMPLAINT DATED 01.03.2024 IN CRIME NO.164/2024 PENDING ON THE FILE OF THE HON'BLE III ADDITIONAL CHIEF METROPOLITAN MAGISTRATE (ACMM), BENGALURU CITY.

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THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2024:KHC:36090 CRL.P No. 2745 of 2024 C/W WP No. 11460 of 2024

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CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA

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ORAL ORDER

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The petitioners are before this Court seeking the following

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prayers:

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" In Crl.P.No.2745/2024 :

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(a) Call for the records in Crime No. 02/2024 on the file of the Hon'ble I Addl. Chief Metropolitan Magistrate (ACMM), at Bengaluru City (ANNEXURE-A and B).

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(b) Quash the FIR and Complaint in CCB Bengaluru City Police Crime No.02/2024 on the file of the Hon'ble I Addl. Chief Metropolitan Magistrate (ACMM), at Bengaluru City, alleging offences punishable Sections 406, 419, 420, 464, 465, 466, 467, 474, 120B read with 34 of the Indian Penal Code, 1860 (ANNEXURE - A and B);

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In W.P.No.11460/2024:

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i. Stay all further proceedings in Crime No. 164/2024 on the file of Hon'ble III Addl. Chief Metropolitan Magistrate (ACMM), atBengaluru City, alleging offences punishable under Sections 406, 419, 420, 464, 465, 466, 467, 474, 120B read with 34 of the Indian Penal Code, 1860 (ANNEXURE - H).

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ii. Pass ad-interim ex-parte orders in terms of (i) above; and

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iii. Pass such other or further orders as this Hon'ble Court may deem fit in the facts and circumstances of the case, and in the interests of justice and equity."

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6 - NC: 2024:KHC:36090 CRL.P No. 2745 of 2024 C/W WP No. 11460 of 2024

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Heard the learned counsel Sri.Syed Khamruddin, appearing for the petitioners, the learned High Court Government Pleader Sri.Thejesh P., appearing for respondent No.1 and the learned counsel Sri.Kiran B., appearing for respondent No.2.

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3. Facts in brief, germane are as follows:

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The petitioners in both these cases are common, so is the complainant. On 16.06.2014, it is the case of the petitioners that they execute an agreement of sale in favour of one Mr.K.Ramesh in respect of a property bearing Old Survey No.35/11, New Survey No.35, situated at Seegehalli Village, K.R.Puram Hobli, Bengaluru East Taluk. Seven years pass by, and Mr.K.Ramesh in whose favour the agreement of sale was executed did not come forward for registration of the sale.

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4. On 20.07.2021, the petitioners aver that two agents

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approached the petitioners on a request of cancellation of agreement and they would bring Mr.K.Ramesh, who was the agreement holder to the Office of the Sub-Registrar. It

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NC: 2024:KHC:36090 CRL.P No. 2745 of 2024 C/W WP No. 11460 of 2024

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transpires that the agreement to sale was cancelled on 20.07.2021 in the presence of the agreement holder Mr.K.Ramesh. Here begins the problem. As the allegation is, Mr.K.Ramesh was brought before the Sub-Registrar's Office was an impersonator and not Mr.K.Ramesh in whose favour an agreement of sale was executed on 16.06.2024. What happens in the aftermath of cancellation is again alarming.

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The petitioners then sell the property in favour of

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one Mr.Muniraj M and Alphansa L.A., in terms of two sale deeds dated 28.01.2022 and 16.02.2022. All registered before the Sub-Registrar, K.R. Puram. The petitioners then filed O.S.No.915/2023 against Mr.K.Ramesh for cancellation of agreement of sale dated 16.06.2014, as the petitioners were informed by the subsequent purchasers that the photo of Mr.K.Ramesh in the agreement of sale and the cancellation agreement, were entirely different. The complainant Mr.K.Ramesh, who was the beneficiary of the agreement of sale and also who had been allegedly hoodwinked by two of the impersonators of Mr.K.R.Ramesh seeks to register a crime initially before the K.R.Puram Police Station in Crime

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8 - NC: 2024:KHC:36090 CRL.P No. 2745 of 2024 C/W WP No. 11460 of 2024

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No.164/2024. After the registration of the crime, the complainant again seeks to register a complaint before the Central Crime Branch (CCB), City Crime Branch in Crime No.2/2024 again for the same offences.

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The petitioners then knocks at the doors of this

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Court in these petitions contending that there are two crimes registered on the same cause of action and for the same offences and for same transaction and that it is hit by the doctrine of sameness. This Court, protected the petitioners, qua one of the crimes i.e., Crime No.2/2024 registered before the CCB and permitted investigation to be continued in Crime No.164/2024 registered before the K.R. Puram Police station. During the investigation before the K.R.Puram Police Station, the respondent - complainant files an affidavit that he would not pursue Crime No.164/2024 in the light of the fact that he has registered another crime in Crime No.2/2024 before the CCB. In that light, the Police filed a 'B' report in Crime No.164/2024. The 'B' report is pending acceptance or otherwise before the concerned Court.

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9 - NC: 2024:KHC:36090 CRL.P No. 2745 of 2024 C/W WP No. 11460 of 2024

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Learned counsel appearing for the petitioners

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submits that two crimes cannot be permitted to be registered and investigated on the same cause of action, between the same parties, and in the same set of facts.

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Learned counsel appearing for the respondent - complainant submits that he registers complaints both before the Jurisdictional Police i.e., before the K.R.Puram Police station and the other before the Commissioner of Police. These two complaints results in registration of two crimes; one in Crime No.164/2024 and the other in Crime No.2/2024. Since it was presented before the Commissioner, the Commissioner referred the matter to the CCB and it became a crime in Crime No.2/2024.

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Learned counsel appearing for the petitioners submits that he has no faith in the investigation conducted by the CCB in Crime No.2/2024 for the reason that the Deputy Commissioner of Police, who heads the CCB, is related to the complainant. In that light, he seeks change of the Investigating Officer.

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10 - NC: 2024:KHC:36090 CRL.P No. 2745 of 2024 C/W WP No. 11460 of 2024

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I have given my anxious consideration to the contentions of respective learned counsel and have perused the material on record.

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The afore-narrated facts are not in dispute. On hearing the respective counsel appearing for the parties what the unmistakable inference would be that obliteration of one crime so registered, as it is hit by the doctrine of sameness. On the same day, two complaints are registered by the complainant. One before the Commissioner of Police and the other before the jurisdictional Police i.e., K.R.Puram Police Station. On the score that he had registered two complaints, it has resulted in two FIRs being registered against these petitioners. The complainant files an affidavit that he would not pursue Crime No.164/2024 registered before the jurisdictional Police. This results in filing of the 'B' report.

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In the interregnum, the crime in Crime No.2/2024

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has progressed further, but the submission of the learned counsel for the petitioners is that the complainant's relative is one who heads the CCB and therefore, the investigation will not

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11 - NC: 2024:KHC:36090 CRL.P No. 2745 of 2024 C/W WP No. 11460 of 2024

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be free and fair. In that light, while obliterating one crime i.e., the crime registered before the CCB in Crime No.2/2024, I deem it appropriate to direct the jurisdictional Police in Crime No.164/2024 to continue the investigation, as the investigation has not been conducted in the light of an affidavit filed by the respondent - complainant that he would not pursue Crime No.164/2024, in the teeth of the pendency of the crime in Crime No.2/2024 registered before the CCB. The investigation till date that is conducted by the CCB in Crime No.2/2024 shall all be transferred lock stock and barrel to the Investigating Officer, who is investigating crime in Crime No.164/2024. The is the plausible solution to the issue projected in the lis .

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13. For the aforesaid reasons, the following:

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ORDER

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i) The petitions are allowed;

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ii) The crime in Crime No.2/2024, on the file of the Hon'ble I Additional Chief Metropolitan Magistrate, Bengaluru City, stands obliterated;

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12 -

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NC: 2024:KHC:36090 CRL.P No. 2745 of 2024 C/W WP No. 11460 of 2024

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iii) The CCB which has conducted the investigation till date, shall transfer the papers of investigation to the Investigating Officer investigating crime in crime No.164/2024, registered before the K.R.Puram Police Station;

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iv) Crime No.164/2024 shall be investigated into and a final report be filed before the concerned Court;

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v) The 'B' report so filed by the jurisdictional Police in Crime No.164/2024 is quashed as a consequence of the aforesaid directions;

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vi) The investigation shall complete within six months, from the date of receipt of the copy of this order and the same shall be placed before the concerned Court for further orders; and

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vii) The concerned Court shall regulate its procedure, accordingly.

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Sd/(M.NAGAPRASANNA) JUDGE

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List No.: 1 Sl No.: 11

Mr v. Govinda Raj v State of Karnataka

Case brief

What is this about?

What the court decided

Mr v. Govinda Raj v State of Karnataka

Case brief

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What the court decided

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