Smt Priyadarshini v. State of Karnataka
Case brief
What is this about?
Quashing of criminal proceedings refused under Section 482 CrPC. CRL.P No. 11637 of 2022 (neutral citation NC: 2025:KHC:908), High Court of Karnataka at Bengaluru, decided 10-01-2025 by Hon'ble Mrs Justice M G Uma (author, sole judge). Petitioner: Smt. Priyadarshini (Accused No.1, incharge Manager, Hejamadi Diesel Bunk / Udupi District Co-op Dakshina Kannada District Fish Marketing Federation), counsel Sri. Karunakara P. Respondents: (1) State of Karnataka by CID (counsel Sri. Venkat Sathyanarayan, HCGP), (2) Smt. Anjnadevi T., Asst. Director Fisheries (served, unrepresented). Background: FIR by respondent No.2 against accused Nos.1 and 2 for Sections 406, 408 and 420 read with Section 34 IPC; Crime No.119/2017, Padubidri Police Station; charge sheet against accused Nos.1 to 3; case pending in C.C.No.39/2021, Additional Senior Civil Judge and CJM, Udupi. Alleged misappropriation in distribution of subsidised diesel to fishermen (figures recited: Rs.9,940/- alleged misappropriation; Rs.13,286/- misappropriation per audit report; ancillary: bill quantum Rs.36,963/-, subsidy Rs.7.28/-, diesel distributed Rs.35,138/-, difference Rs.1,025/-). Holding: audit-disclosed misappropriation plus petitioner's admitted Manager/incharge Manager status gave prima facie materials constituting the offences; role-based and witness-statement defences deferred to full-fledged trial. Outcome: point answered 'Negative', petition dismissed, no relief granted. Tags: quashing refused; prima facie test; charge sheet; trial-stage defence; IPC 406/408/420; diesel subsidy; fisheries co-operative federation; Udupi.