Sri Madan Annasaheb Mirajkar @ Madan Mirazkar Vs State of Karnataka

SRI. MADAN ANNASAHEB MIRAJKAR @ MADAN MIRAZKAR C/O AKKAMMA MADAN MIRAJKAR, AGED ABOUT 50 YEARS, R/AT C S NO.2079/26/K, KAMGAR HOUSING SOCIETY, NEAR P N PATIL BANGALA TAKALA, RAJARAMPURI, KOLHAPUR, MAHARASHTRA-416 008.

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(BY SRI. SANDEEP SURESH, ADVOCATE)

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…PETITIONER

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AND:

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STATE OF KARNATAKA BY CHANDRA LAYOUT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 066.

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SRI GIRISH TULJARAM PAHILAJANI S/O TULJARAM PAHILAJANI,

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AGED ABOUT 41 YEARS, R/AT NO.7, SUBHA LAXMI SOC, JAGTAP MAULA, BEHIND BYTO COLLEGE, NASHIK ROAD, MAHARASHTRA, NASIK CITY, MAHARASHTRA-422 101.

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…RESPONDENTS

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(BY SRI. K. RAHUL RAI, HCGP FOR R-1; SRI. LAKSHMIKANTH K., ADVOCATE FOR R-2)

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THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE FIR AND INFORMATION DATED 24.05.2023, PREFERRED BY THE RESPONDENT NO.2 AND REGISTERED BY THE RESPONDENT NO.1 POLICE BEARING CRIME NO.149/2023 OF CHANDRA LAYOUT POLICE STATION, BENGALURU ON THE FILE OF IV A.C.M.M. AT BENGALURU FOR THE OFFENCES PUNISHABLE UNDER SECTION 120(B), 406, 419, 420, 465, 468, 471, 503 AND 34 OF IPC, 1860, WHEREIN THE PETITIONER HEREIN IS ARRAYED AS ACCUSED NO.12 VIDE (ANNEXURE-A AND B).

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IN CRL.P NO. 9722/2023

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BETWEEN:

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BRAJESH KUMAR YADAV S/O SHATRUGHAN SINGH, AGED ABOUT 34 YEARS, R/AT NAGALA CHANDI POST SARAI AGHAT, SARAI AGHAT, ETAH, UTTAR PRADESH-207 250.

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...PETITIONER

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(BY SRI. SAMRUDH SURAJ HEGDE, ADVOCATE)

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AND:

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STATE OF KARNATAKA

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BY CHANDRA LAYOUT POLICE STATION, REPRESENTED BY THE SPP OFFICE, HIGH COURT OF KARNATAKA, BANGALORE-560 001.

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GIRISH TULJARAM PAHILAJANI AGED ABOUT 41 YEARS, NO.07, SUBHA LAKSHMI SOC, JAGTAP MAULA, BEHIND BYTO COLLEGE, NASHIK ROAD, NASIK CITY, MAHARASHTRA-422 101.

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...RESPONDENTS

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(BY SRI. K. RAHUL RAI, HCGP FOR R-1; SRI. LAKSHMIKANTH K., ADVOCATE FOR R-2)

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THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO CALL FOR RECORDS AND QUASH THE FIR IN CRIME NO.149/2023 DATED 24.05.2023 REGISTERED BY THE 1^ST RESPONDENT CHANDRA LAYOUT POLICE STATION PURSUANT TO COMPLAINT DATED 24.05.2023 FOR THE OFFENCES PUNISHABLE UNDER SECTION 120(B), 406, 419, 420, 465, 468, 471, 503 AND 34 OF THE INDIAN PENAL CODE, 1860, PENDING ON THE FILE OF 4^TH ADDL. CMM COURT NRUPATUNGA ROAD, BENGALURU CITY.

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

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CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

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These two petitions are preferred by accused Nos.7

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and 12 respectively in Crime No.149/2023 of Chandra Layout Police Station, Bengaluru City, seeking quashing of the FIR and complaint registered against them alleging

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offences punishable under Section 120B, 406, 419, 420, 465, 468, 471, 503 r/w 34 of IPC.

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The complainant by name Girish Tuljaram Pahilajani has alleged that the accused have committed cheating, criminal breach of trust, forgery, criminal conspiracy, criminal intimidation, criminal impersonation and other offences.

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Allegations against Accused No.7, Brijesh Yadav (Crl.P. 9722/2023) are that one of the accused, Dr. B.R. Prasad, informed the complainant about a big investor in India, namely Accused No.7, Brijesh Yadav, who is from Delhi and the head of a company called NAARC. Dr. Prasad mentioned that this investor would handle all paymentrelated aspects in India. He also informed the complainant that NAARC India, headed by the petitioner/Accused No.7, was experiencing certain temporary issues to receive the amount in foreign currency so within one month that would be sorted out.

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Allegations against Accused No.12, Madan

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Mirazkar (Crl.P No.6257/2023) are that, the complainant was introduced to this petitioner/Accused No.12 through Golak Das (Accused No.10), along with Mallamma Bidari (Accused No.1) and Bhalchandra Inamdar (Accused No.4). They were said to be involved in the sale and purchase of atomic products. Beyond these allegations, there is no further mention of the petitioner's name in the complaint.

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It is brought to the notice of the Court that accused No.9 similarly placed as petitioners herein preferred a petition for quashing in Crl.P No.5219/2023 and the said petition was allowed by this Court vide order dated 12.02.2025. The order passed in the above said petition reads as under:

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“In this petition, petitioner seeks the following reliefs:

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“Wherefore, it is most respectfully

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prayed that this Hon’ble Court be pleased to call for records and quash the FIR dated 24.05.2023 in Crime No.0149/2023 registered by

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the 1^st Respondent Chandra Layout Police Station for the offences punishable under Section 120(B), 406, 419, 420, 465, 468, 471, 503 & 34 of the Indian Penal Code, 1860, pending on the file of 4^th Addl. CMM Court, Nrupatunga Road, Bengaluru, in the interest of justice.”

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2. Heard learned Senior Counsel for the petitioner and learned Addl. SPP for respondent No.1 and learned counsel for respondent No.2 and perused the material on record.

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3. A perusal of the material on record will indicate that on 24.05.2023, respondent No.2 submitted a complaint pursuant to which the impugned FIR in Crime No.149/2023 came to be registered against various accused persons including the petitioner who was arraigned as accused No.9 in the FIR. In this context, it is relevant to extract relevant submissions made in the complaint, which reads as under:

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“6. In the early of December

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21, Mallamma had arrange a meeting with Mr. D. Srinivas at her house, where Mr. Sreenivas dishonestly and fraudulently represented as a Sr. Scientist of DRDO (Defence Research

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Development Organization), India, showed his forged identity card of DRDO, and also exhibited various forged government documents, that his company is having all sort of necessary licenses, permissions from DRDO, NASA, ISRO to commence this type of business. He also took the name of Mr.B. Nageswar Rao (879058128, 7601076323, 7839326467, 9990633333) from Hyderabad, who is the investor of Aurubis Metal Corp’ as well as ‘GRMT’ in India and UAE. He has also falsely informed that his company used to purchase this type of products for international agency SPACEX, NASA, etc. At this instance of time we have no doubt to believe this high rated representation of this posing Sr. Scientist Mr. D. Sreenivas had quoted an amount of Rs. 25.80 lakhs for conducting scanning to Sreenu Material and confirmed this business to be taken place by delivering a token amount of Rs.50 Crore on the day of testing and the total consideration will be decide on that day.”

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4. As stated supra, the petitioner – accused No.9 and other persons were sought to be prosecuted for the offences punishable under Sections 120B, 406, 419, 420, 465, 468, 471, 503 r/w 34 of IPC. However, except cryptic, vague, bald assertions in paragraph 6, the entire complaint does not disclose or reveal any other allegation made against the petitioner, who is arraigned as accused No.9 in the present petition. Under these circumstances, the impugned proceedings as against the present petitioner – accused No.9 without there being sufficient allegations deserves to be quashed.

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5. At this stage, learned Addl. SPP submits that liberty may be reserved in favour of respondent No.1 – police authority to complete the investigation and submit a final report in accordance with law. So also, learned counsel for respondent No.2 submits that liberty may be reserved in favour of respondent No.2 to take recourse to such remedies as available in law as against the petitioner herein.

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6. In view of the aforesaid facts and circumstances, I deem it just and appropriate to quash the impugned proceedings insofar as the petitioner – accused No.9 is concerned by issuing certain directions

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7. In the result, I pass the following:

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ORDER

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(i) The petition is hereby

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allowed.

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(ii) The impugned proceedings in FIR in Crime No.149/2023 pending on the file of the 4^th Addl. Chief Metropolitan Magistrate, Bengaluru, is hereby quashed insofar as the petitioner – accused No.9 is concerned.

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(iii) Liberty is reserved in favour of respondent No.1 to complete investigation and submit a final report in accordance with law.

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(iv) Liberty is also reserved in favour of respondent No.2 to take recourse to such remedies as available in law as against the petitioner.

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(v) Petitioner is directed to cooperate with the investigation to be conducted by respondent No.1.

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(vi) All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same.

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(vii) It is needless to state that in addition to liberty reserved in favour

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of respondent No.2, all other persons similarly situated to respondent No.2 would also be entitled to take recourse to such remedies as available in law.”

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This Court in the above order passed in Crl.P

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No.5219/2023 has observed that except cryptic, vague, bald assertions in para 6, the entire complaint does not disclose or reveal any other allegations against the petitioner, arraigned as accused No.9.

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This Court finds that even the allegations against the present petitioners namely, accused Nos.7 and 12 are cryptic and vague and therefore, they are entitled for the relief as granted to accused No.9 in the above noted petition, in the same terms and conditions.

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Learned counsel appearing for respondent No.2 submitted that already an FIR has been registered in Crime No.89/2025 at Chandra Layout Police Station, Bengaluru City on a complaint lodged by one Sawale Rahul Shantarao. The said submission is placed on record.

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