Manoj Kumar Pillai Vs State of Karnataka

THIS CRL.P FILED U/S.482 PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE FIR DATED 27.07.2021 BEARING CR.NO.211/2021 AS AGAINST THE PETITIONER NO.1 TO 3 REGISTERED IN DODDABALLAPURA RURAL POLICE STATION AND ALL PROCEEDINGS ARISING THERETO.I.A.NO.1/2021 FOR STAY.I.A.NO.1/2021 FILED BY THE ADVOCATE FOR THE PETITIONER PRAYING TO STAY THE ENTIRE CRIMINAL PROCEEDINGS AND THE INVESTIGATION AND AS WELL AS FIR IN CR.NO.211/2021 PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE (JR.DN.) AND J.M.F.C., DODDABALLAPURA, BENGALURU RURAL DISTRICT, FOR THE REASONS STATED THEREIN.

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

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CORAM: HON'BLE MS JUSTICE J.M.KHAZI

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ORAL ORDER

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Petitioners who are arraigned as accused Nos.1 to 3 have filed this petition under Section 482 of the Code of Criminal Procedure, seeking quashing of criminal proceedings initiated against them in Cr.No.211/2021 of the Doddaballapura PS for the offence expendable under Sections 341, 420, 504, 506 r/w 34 of IPC.

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For the sake of convenience, parties are referred to by their ranks before the trial Court.

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In support of the petition, the petitioners have contended that petitioner No.1 is the Hospitality Manager, petitioner No.2 is the Chief Executive Engineer and petitioner No.3 is the Executive Board member of Gandhi Institute of Technology and Management University ('GITAM University' for short). It is a renowned word class institution for higher learning in diverse fields of professional education in the state of Telangana, Andhra

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Pradesh, and Karnataka. It has accorded status of Deemed University by the Ministry of Human Resources.

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The GITAM University has also established one of its campus in the village of Doddaballapura and has been operating out of the said campus since 2012. Accused Nos.1 to 3 who are employees of the said University are deputed at the Doddaballapura campus.

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In order to expand its operation and construct new buildings in its campus in the village of the Doddaballapura, Bengaluru Rural District, Bengaluru on several survey numbers, it awarded the work contract for execution of civil and allied works for boys hostel tower at GITAM University Bengaluru for its campus at Doddaballapura in favour of M/s M.S. Ramaiah Developers and Constructions Private Ltd. ('Company' for short) represented by its director Moggasitaramayya. There is

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also a arbitration clause to resolve any dispute that would

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arise in the said contract.

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Since the services rendered by the said company was not satisfactory, the Management of GITAM University terminated the contract dated 03.08.2017. Aggrieved by the same, the company approached the Andhra Pradesh High Court in Arbitration Application.No.13/2020 seeking appointment of Arbitrator. The matter is pending before the High Court. The dispute is purely civil in nature. Due to the series of setback in civil disputes, in order to wreck vengeance, the complainant has launched a false complaint dated 27.7.2021 for the offences punishable under Sections 341, 504, 506, 420 r/w Section 34 IPC. With an ulterior motive, respondent No.2 has attempted to cloak a picture of criminality to a dispute which is purely civil in nature. In the light of the pendency of series of litigation between the

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parties, continuation of the criminal proceeding would amount to abuse of the process of the Court and hence the petition.

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On the other hand learned High Court

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Government Pleader as well as learned Counsel for respondent No.2 submit that in the light of the contract awarded to the company, complainant purchased land in the name of company in Sy.Nos.12, 13 and 15 totally measuring 18 acre 23 guntas of Nagadenahalli through different Sale deeds. The contract of constructing five buildings known as Vishweshvaraiah Bhawan, Chhatrapati Shivaji Bhavan, Kokila Sadana, Vinay Sadan, and Utility block (Guesthouse), Staff quarters and also three separate canteen buildings is awarded to the complainant. The work contract was entrusted to the company as per the quotations. The company has put up construction at its cost and completed the same.

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The GITAM University is due in a sum of ₹63,81,56,620/-. The company has stored material worth ₹5,00,00,000/-. Already construction of nine buildings is completed. The company was provided with space for

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putting up an office and storerooms for safeguarding the material and they are in the custody of the complainant. After the completion of construction of the nine buildings, the contract for construction of two more buildings in a total area measuring 15 acres 30 guntas consisting of 13 floors on the land purchased by the company is also entrusted to it. Subsequently, the company has transferred ownership of the lands to the University. The company has already started construction work upto 6^th floor and construction of one building is over and it is temporarily handed over to the University.

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The University has made payments of ₹31,74,98,090/- and still ₹95,56,54,710/- is due. In the meanwhile, due to the arising of dispute, he has filed Arbitration Application.No.13/2020. Interim order is granted not to re-allot the work to any other agency and it is extended from time to time. However, the University is making all attempts to prevent the complainant and his

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staff workers from entering the building site. Since he has stored material worth ₹5,00,00,000/- and also having important documents, it is necessary for him to continue in possession of the office and adjoining storerooms. The accused persons continued to harass him and his staff. Accused No.3 is demanding 5% of total construction project cost and when it was refused, he is harassing the complainant and his staff. As a result, the company is incurring more than ₹30 lakhs per monthly expenses. The accused persons gave threat to the complainant, his staff and workers with dire consequences to vacate and leave the office building.

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Despite the interim order granted by the Andhra Pradesh High Court, they are not desisting from illegally preventing the complainant from using the said premises. On 27.07.2021 also, they were not allowed to go inside. They have illegally taken away all the material purchased and stored in the said premises and also gave

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threat to life. The allegations are required to be investigated. In the light of prima facie material, petition is

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liable to be rejected and pray to reject the same.

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Heard arguments and perused the record.

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From the material placed on record it is evident that the accused persons are the employees of GITAM University working as Hospitality Manager, Chief Executive Engineer and Executive Board Member. The work of construction of campus in Doddaballapura was entrusted to the company including securing land. Accordingly, the company has acquired land and constructed 5 buildings viz., Vishweshvaraiah Bhawan, Chhatrapati Shivaji Bhavan, Kokila Sadana, Vinay Sadan, and Utility block (Guesthouse), Staff quarters and also three separate canteen buildings. According to the complainant appreciating the work already carried out by the company, the contract for construction of two more buildings in a

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total area measuring 15 acres 30 guntas consisting of 13

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floors on the land purchased by the complainant was also entrusted. The complainant has already transferred the ownership of the land purchased to the GITAM University. According to the complainant a sum of Rs.95,56,54,710/is still due from the GITAM University.

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It appears a dispute arose between the parties. As per the Arbitration clause, complainant has moved the Andhra Pradesh High Court, Amaravathi for appointment of Arbitrator and has secured interim order. From the perusal of the complaint averments as well as the facts forthcoming in the petition, difference of opinion arose between the parties and complainant has alleged that now the said work is entrusted to some other company. The dispute between the parties is purely civil in nature. The complainant has alleged that in order to carry out the work, the company was provided with a space and also a premises for storing construction material and in fact

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construction material worth Rs.5 Crores is stored in the

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said premises. He and his staff and construction workers are prevented from accessing the same.

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When according to the complainant the work in question is entrusted to some other company, it is but natural that he, his staff and workers would be prevented from accessing the premises. Of course the complainant company is having its claim over the amount due to it and it can always recover it by due process of law. It may also take civil remedy as provided under law.

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Admittedly, accused persons are not having personal interest in the subject matter of dispute. They are acting on behalf of the University. The complainant is trying to give a civil dispute a colour of criminal litigation. Having regard to these aspects, this Court is of the considered opinion that the continuation of criminal proceedings against the petitioners/accused Nos.1 to 3 would amount to

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abuse of the process of the Court and as such liable to be

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quashed and accordingly, the following:

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ORDER

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(i) Petition filed by the accused Nos.1, 2 and 3 under Section 482 Cr.P.C is hereby

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allowed.

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(ii) The criminal proceedings against accused Nos.1, 2 and 3 in Cr.No.211/2021 registered in Doddaballapura P.S, on the file of Prl.Civil Judge (Jr.Dn.) & JMFC, Doddaballapura, for the offences punishable under Sections 341, 420, 504, 506 r/w Section 34 of IPC is hereby quashed.

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