IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03RD DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION NO.133/2017 BETWEEN:
ASHOK S/O. ANNAJI @ ANNAPPA KALAL AGED ABOUT 64 YEARS, R/O NO. JAVALI BAZAR, GADAG – 582 102. ... PETITIONER (BY SRI DINESHKUMAR K. RAO, ADVOCATE) AND:
THE STATE OF KARNATAKA DODDAPETE POLICE STATION, SHIVAMOGGA – 577 201.
(REP. BY SPP,HIGH COURT BUILDINGS, BENGALURU – 560 001). ... RESPONDENT (BY SRI S. RACHAIAH, HCGP) ***** THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO QUASH THE CRIMINAL PROCEEDINGS AGAINST THE PETITIONER IN C.C.NO.450/2012 (CR.NO.375/2011 OF DODDAPETE POLICE STATION, SHIVAMOGGA, CHARGE SHEETED FOR THE OFFENCE P/U/S 465 AND 471 R/W 34 OF IPC) PENDING ON THE FILE OF J.M.F.C.-II COURT, SHIVAMOGGA.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard.
2. Lokayuktha Police registered Crime No.7/2009 against one S.T.Gowdar, for offences punishable under Sections 13(1)(e) r/w 13(2) of the Prevention of Corruption Act, 1989. During the course of investigation, an agreement of sale dated 15/10/2009 surfaced, which according to S.T.Gowdar was an agreement of sale between his wife and the petitioner. The Investigating Officer found that the said document was fabricated and registered Crime No.375/2011 against S.T.Gowdar and five others for offences punishable under Sections 471, 465 r/w 34 IPC. After investigation, police have filed the charge sheet and a criminal case is pending in CC.No.450/2012. In the meanwhile, S.T.Gowdar passed away and proceedings against him stood abated. This petition is filed with a prayer to quash the proceedings in CC.No.450/2012 on the premise that the criminal proceedings initiated pursuant to Crime No.7/2009 against the said S.T.Gowdar stood abated.
3. This Court in Criminal Petition No.134/2017 filed by S.T.Gowdar’s wife, who is also one of an accused in C.C.No.450/2012, has dismissed the said petition by order dated 28/08/2017, by holding that offences alleged against the petitioner therein is separate and distinct and on death of the accused, acts of other accused persons could not be wiped out. The case of the petitioner also stands on similar footings as that of the petitioner in Criminal Petition No.134/2017.
4. In the circumstances, no ground is made out to interfere at this stage by exercising power under Section 482 of the Code of Criminal Procedure.
5. Resultantly, this petition fails and it is accordingly dismissed.
No costs.
*mvs Sd/- JUDGE