IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.6239/2013 Between:
1. E.M.Warunny, S/o Mathew, Aged about 79 years, Residing at, Edatharaparambil Estate, Virajpet Taluk, Kodagu – 571217.
2. E.Bastian Warunny, S/o E M Warunny, Aged about 41 years, Residing at Bastian Estate, Maldare Post, South Kodagu – 571217. … Petitioners (By Smt.Leela P.Devadiga, Advocate for Sri.A.K.Subbaiah, Advocate) And:
1. The State of Karnataka, By Madikeri Rural Police Station, Madikeri, Represented by SPP High Court of Karnataka, Bengaluru – 560 001.
2. Betts Warunny, S/o E M Varuni, Aged about 45 years, Bava Estate, Kadagalu Village, Madikere Taluk – 571217. ...Respondents (By Sri.I.S.Pramod Chandra, SPP – II for R.1 and Sri.K.Raghavendra, Advocate for R.2) This Criminal Petition is filed under Section 482 of Cr.P.C., praying to quash the impugned order passed by the Principal Civil Judge (Jr. Dvn.) and JMFC at Madikeri in, dated 16.11.2012 and order dated 07.08.2013 in FIR No.13/2008 now numbered as C.C.No.1721/2013 registered by the 1st respondent police and all further proceedings pursuant thereto and etc.
This Criminal Petition coming on for Admission this day, the Court made the following:
O R D E R The petitioners have sought to quash the proceedings initiated against them in Crime No.13/2008 for the offences punishable under Sections 419, 420, 465, 468 read with 34 of IPC.
2. Heard the learned counsel for the petitioners, learned SPP-II for respondent No.1, learned counsel for the respondent No.2 and perused the records.
3. The petitioners are facing accusations of forging the Share Certificates. The learned counsel for the petitioners submits that the original Share Certificates were sent for examination by the Fingerprint Experts by the Investigation Officer. A negative report has been submitted by the Forensic Science Laboratory to the effect that the authenticity of the said certificates cannot be ascertained and hence, he contends that there is no prima-facie material to proceed against the petitioners for the alleged offences.
4. The learned counsel for the respondents submits that the allegations made against the petitioners require to be investigated. These allegations prima facie constitute the offences under Sections 419, 420, 465, 468 read with 34 of IPC and there is no ground to quash the proceedings.
5. Without expressing any opinion on the report collected by the Investigating Agency with regard to the authenticity of the signatures on the Share Certificates, the allegations made against the petitioners are required to be investigated as the said allegations squarely attract the ingredients of the offences alleged against the petitioners. Therefore, there is no case for quashing the proceedings.
Accordingly, the petition is dismissed.
SD/-
JUDGE NBM