Allowed

Sri G B Mahesh Babu v. the State of Karnataka

Karnataka HC1 Mar 2024CRL.P/808/2024

Case brief

AI extract

What is this about?

Petitioner, a Second Division Assistant prosecuted for distributing cash instead of food grains under Rojgar Yojana, had been exonerated in departmental enquiry. Relying on Supreme Court precedent that criminal standard of proof is higher than departmental adjudication, the High Court quashed proceedings against him.

What did the court decide?

Impugned proceedings in C.C.No.48/2011 quashed as against petitioner/accused No.2.

Sri G B Mahesh Babu Vs the State of Karnataka — Quashing and FIR | Karnataka HC (2024)

¶1

1 - NC: 2024:KHC:8615 CRL.P No. 808 of 2024

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 1^ST DAY OF MARCH, 2024

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

¶6

CRIMINAL PETITION NO. 808 OF 2024

¶7

BETWEEN:

¶8

SRI. G.B. MAHESH BABU, S/O LATE G.P. BASAVARAJU, AGED ABOUT 50 YEARS, SECOND DIVISION ASSISTANT, TALUK PANCHAYATH, CHAMARAJANAGAR.

¶9

R/O. S.R. ROAD, GUNDLUPET TOWN, CHAMARAJANAGAR DISTRICT - 571 111.

¶10

…PETITIONER

¶11

(BY SRI. P. MAHESHA, ADVOCATE)

¶12

AND:

¶13

Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA

¶14

THE STATE OF KARNATAKA BY CHAMARAJANAGARA POLICE STATION, CHAMARAJANAGAR - 571 313, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001.

¶15

(BY SRI. JAIRAM SIDDI, HCGP)

¶16

…RESPONDENT

¶17

THIS CRL.P. IS FILED U/S 482 OF CR.PC PRAYING TO QUASH THE IMPUGNED CHARGE SHEET AND PROCEEDINGS IN C.C.NO.48/2011, ON THE FILE OF SENIOR CIVIL JUDGE AND CJM AT CHAMARAJANAGAR FILED FOR OFFENCES P/U/Ss.406, 409, 420, 465, 468, 471, 474 AND 477A OF IPC AND SEC.6, 7, AND 18(1) OF PDS CONTROL ORDER, 1992 R/W SEC. 3 AND 7 OF ESSENTIAL COMMODITIES ACT, 1955.

¶18

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

¶19

¶20

NC: 2024:KHC:8615 CRL.P No. 808 of 2024

¶21

ORDER

¶22

Petitioner/accused No.2 is sought to be prosecuted for the offence punishable under Sections 406, 409, 420, 465, 468, 471, 474, 477A of IPC and Sections 6, 7 and 18(1) of the Contravention and Public Distribution System Control Order 1992 read with Sections 3 and 7 of the Essential Commodities Act.

¶23

The case of the prosecution is that, the petitioner, who was working as Second Division Assistant along with other officials distributed cash to the beneficiaries working under the 'Rojgar Yojana' instead of distributing food grains. The cognizance taken of the aforesaid offences is impugned in this petition.

¶24

Against the similar charge, a departmental enquiry was initiated against the petitioner. In the said departmental enquiry, the petitioner has been exonerated on merits.

¶25

This Court by relying on the decision of the Hon'ble Supreme Court of India in the case of Radheshyam Kejriwal vs. State of West Bangal reported in (2011) 3 SCC 581 and Ashoo Surendranath Tewari vs. Deputy Superintendent of Police, EOW, CBI and another reported in (2020) 9 SCC 636, quashed the impugned proceedings against accused Nos.1 and 4 on the ground that the said accused have been exonerated on the merits in the departmental enquiry on the underlying principle that the standard of proof in a criminal

¶26

¶27

NC: 2024:KHC:8615 CRL.P No. 808 of 2024

¶28

case is much higher than that of an adjudication in the departmental enquiry. Therefore, this petition is also requires to be disposed of in the light of the order passed by this Court in Criminal Petition No.8197/2023 on 21.09.2023.

¶29

Accordingly, I pass the following:

¶30

ORDER

¶31

i. Criminal petition is allowed.

¶32

ii. The impugned proceedings in C.C.No.48/2011, pending on the file of Senior Civil Judge and CJM, Chamarajanagar, insofar as it relates to petitioner/accused No.2 stands quashed.

¶33

Sd/JUDGE

¶34

¶35

List No.: 1 Sl No.: 29 CT:SNN

Sri G B Mahesh Babu v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri G B Mahesh Babu v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

A P Gopikrishna Vs the Additional Commissioner of Transport and Secretary

K R Suresh Kumar Vs the Regional Transport Officer

Sri. B. G. Ajay Kumar Vs State of Karnataka

Sri Jagadish Shetty H S Vs the Aisiri Co. Operative Society Limited

Sri. Arun Ballakur Vs Sri.M.Krishna Reddy

Smt Sudha Vs the Managing Director (Consumer)