IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.4338 OF 2013 BETWEEN:
MR B M FAROOQ S/O HAJI AHMED AGED ABOUT 48 YEARS M/S FIZA DEVELDOPERS & INTER-TRADE PVT LTD # 25/1, RESIDENCY ROAD BANGALORE-560025 ... PETITIONER (BY SRI: ARUNA SHYAM M, ADVOCAATE) AND 1. THE STATE OF KARNATAKA THROUGH CHIKKANAYAKANAHALLI POLICE, TUMKUR DISTRICT REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BANGALORE-560001 2. SRI V SELVARAJ S/O VEDAN AGED ABOUT 61 YEARS PROPRIETOR: M/S SUN MINERALS CHIKKANAYAKANAHALLI TUMKUR DISTRICT-572214. ... RESPONDENTS (BY SRI: VIJAYA KUMAR MAJAGE, ADDL. SPP FOR R1; SRI: S.RAJENDRA, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE COMPLAINT AND FIR IN CRIME NO.77/11 DATED:10.4.11 REGISTERED BY THE FIRST RESPONDENT-POLICE FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 409, 420, 467, 468, 471, 120B OF IPC, PENDING BEFORE THE C.J. AND JMFC, CHIKKANAYAKANAHALLI.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner has sought to quash the FIR registered in Crime No.77/2011 for the offences punishable under Sections 409, 420, 467, 468, 471 and 120B of Indian Penal Code.
2. Heard learned counsel for petitioner, learned counsel for respondent No.2 and the learned Additional State Public Prosecutor for respondent No.1.
3. Proceedings are initiated against the petitioner herein based on the complaint lodged by respondent No.2.
In the complaint it is alleged that blank green sheets containing the signatures of the complainant were handed over by him to his counsel and the said sheets were made use of by his counsel and accused persons to bring into existence certain forged and fabricated documents in breach of trust and the said forged documents were utilized to create a compromise petition purporting to have been entered into by the complainant, whereby the suit filed by the petitioner in O.S.No.144/2006 and a suit filed by the complainant in O.S.No.138/2006 were withdrawn.
4. The allegations made in the complaint prima facie disclose the commission of the offences punishable under Sections 409, 420, 467, 468, 471 and 120B of Indian Penal Code. The contention of the learned counsel for the petitioner that the petitioner is innocent of the alleged offences and he has not joined hands with the advocate of the complainant either in creating false documents or in making use of pre-signed letters to bring about the compromise petition cannot be accepted. Having regard to the nature of the allegations made against the petitioner, in my view, the ramification of the alleged offences requires to be investigated. Moreover, the said compromise petition having been filed in Court, there is all the more necessity to investigate into the alleged offences. Therefore, I do not find any justifiable reason to interfere with the impugned action at this stage. Consequently, petition is dismissed.
bkp Sd/- JUDGE