IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF APRIL 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.7531/2013 BETWEEN:
DR. T GURULINGAIAH AGED ABOUT 57 YEARS S/O THAMMANNA GOWDA MANAGING DIRECTOR BANGALORE CO-OPERATIVE MILK UNION DR. M H MARIGOWDA ROAD BANGALORE-560029. ... PETITIONER (BY SRI B L SANJEEV, ADV.) AND 1. THE STATE OF KARNATAKA REPRESENTED BY AUDUGODI POLICE STATION AUDIGODI BANGALORE-560029.
2. DR. H HANUMANTHAPPA AGED ABOUT 65 YEARS S/O LATE HANUMANTHAPPA NO.2500, 26TH MAIN, 13TH CROSS, 1ST SECTOR, H S R LAYOUT, BANGALORE-560102. ... RESPONDENTS (BY SRI VIJAYA KUMAR MAJAGE, ADDL SPP FOR R1, SRI SHAIKH SAOUD, ADV. FOR R2 – ABSENT.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO (a) QUASH THE ORDER DATED:8.11.13 AND THE ENTIRE PROCEEDINGS IN PCR NO.74/13 FILED BY THE 2ND RESPONDENT ON THE FILE OF THE II ADDL. CITY CIVIL AND S.J., BANGALORE.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard learned counsel for the petitioner and learned counsel for respondent No.1. Learned counsel for respondent No.2 is absent.
2. Petitioner was the Managing Director of Bengaluru Urban and Rural District Co-operative Milk Producers’ Societies Union Ltd. (BAMUL). The second respondent herein lodged a private complaint against the petitioner and two others under Section 200 of Cr.P.C. In the complaint, respondent No.2 raised a grievance that since he belonged to Scheduled Caste Community, the petitioner and two other accused persons entered into criminal conspiracy and instituted false and malicious proceedings against him in Dispute No.JRB/MD/12/2001-02 for recovery of Rs.7,89,820/- before the Joint Registrar of Co-operative Societies Bangalore Division, Bangalore. The said dispute was initiated after a lapse of more than 11 years. The petitioner and other accused persons attached the house of the complainant and thus according to the complaint, the petitioner and two other accused persons have committed the offences under Sections 210 and 420 r/w Section 34 of IPC and Section 3(2)(vii) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘the Act’ for short).
3. The facts narrated in the complaint disclose that on account of defalcation committed by respondent No.2, recovery proceedings were initiated against him as per the provisions of the Karnataka Co-operative Societies Act, 1959 and the same was adjudicated in Dispute No.JRB.MD.12/2001-2002 and award was passed against respondent No.2 at Annexure-E. There is nothing on record to indicate that respondent No.2 challenged the said award till date. As a result, the said order/award has attained finality. It is also borne on record that the said order was put into execution and attachment warrant was issued against respondent No.2. At that stage, respondent No.2 has come forward with the allegation that on account of his caste, false and malicious proceedings have been initiated against him at the instance of the petitioner and two other accused persons.
5. Undisputedly, the proceedings initiated against the petitioner are judicial proceedings. There is nothing in the said order to show that the proceedings initiated against the petitioner are either false or malicious. Under the said circumstances, there is absolutely no basis for respondent No.2 to raise a grouse. The acts of the petitioner cannot be considered as wrongful so as to attract the provisions of Section 3(2)(vii) of the Act. There is nothing in the entire complaint attracting the ingredients of Section 3(1) (x) and (xi) of the Act. Even the ingredients of Section 200 of IPC are not made out in the FIR. Consequently, initiation of proceedings against the petitioner being malafide, vexatious and utter abuse of process of Court is liable to be quashed.
Accordingly, the petition is allowed. The proceedings in P.C.R. No.74/2013 on the file of the II Additional City Civil and Sessions Judge are quashed.
Sd/- JUDGE VM CT-HR