IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2019 BEFORE THE HON' BLE MR.JUSTICE R DEVDAS CRIMINAL PETITION NO.8305 OF 2016 BETWEEN 1 . LINGARAJU S/O N.KALIAHA, AGE 62 YEARS, HOUSE NO.473, 23RD MAIN ROAD, 15TH CROSS, J.P.NAGAR, MYSORE PRESIDENT, NAIRUTHYA RAILWAY HOUSE BUILDING CO OPERATIVE SOCIETY LTD WORK SHOP BUILDING, RAILWAY WORK SHOP, MYSURU SOUTH, MYSURU – 570001.
2 . M.B.MANJEGOWDA S/O BOREGOWDA, AGE 45 YEARS, R/O NO.10, A BLOCK, SRI NIRMALANDA SWAMIJI ROAD, J.P.NAGAR, MYSURU VICE PRESIDENT, NAIRUTHYA RAILWAY HOUSE BUILDING CO OPERATIVE SOCIETY LTD WORK SHOP BUILDING, RAILWAY WORK SHOP, MYSURU SOUTH, MYSURU -570001.
3 . GANGIAH S/O LAKKAIAH, AGE 50 YEARS, NO.321, 1ST MAIN ROAD, 9TH CROSS, RAILWAY LAYOUT, RAMABHAI, MYSURU DIRECTOR NAIRUTHYA RAILWAY HOUSE BUILDING CO OPERATIVE SOCIETY LTD WORK SHOP BUILDING, RAILWAY WORK SHOP, MYSURU SOUTH, MYSURU 570001.
4 . P SRINIVAS S/O LATE H PUTTAIAH, AGE 66 YEARS, NO. 26, 21ST CROSS, D BLOCK, 1ST STAGE, J.PNAGAR, MYSURU, DIRECTOR NAIRUTHYA RAILWAY HOUSE BUILDING CO OPERATIVE SOCIETY LTD WORK SHOP BUILDING, RAILWAY WORK SHOP, MYSURU SOUTH .MYSURU 570001.
5 . BETTEGOWDA S/O LATE VYARAMUDI, AGE 61 YEARS, NO. 292, 7TH MAIN, T.K.LAYOUT, MYSURU DIRECTOR NAIRUTHYA RAILWAY HOUSE BUILDING CO OPERATIVE SOCIETY LTD., WORK SHOP BUILDING RAILWAY WORK SHOP, MYSURU SOUTH MYSURU 570001 6 . MANJUNATH K S/O LATE KRISHNAMURTHY, AGE 57 YEARS, NO. 91, 12TH CROSS, D BLOCK, J.P.NAGAR, MYSURU - 31 DIRECTOR NAIRUTHYA RAILWAY HOUSE BUILDING CO OPERATIVE SOCIETY LTD., WORK SHOP BUILDING RAILWAY WORK SHOP, MYSURU SOUTH MYSURU 570001 7 . L.BYARAPPA S/O LATE B.SIDDIAHA AGE 49 YEARS, R/O 185, 1ST MAIN ROAD RAILWAY LAYOUT RAMABHAI NAGAR MYSURU DIRECITR NBAIRUTHYA RAILWAY HOUSE BUILDING, CO OPERATIVE SOCIETY LTD WORK SHOP BUILDING RAILWAY WORK SHOP MYSURU SOUTH MYSURU 570001.
8 . M.RAVIKUMAR S/O LATE B MEGHANATH PRASAD AGE 54 YEARS NO.2019, 6TH CROSS, K BLOCK, KUVEMPUNAGAR MYSURU DIRECTOR NAIRUTHYA RAILWAY HOUSE BUILDING, CO OPERATIVE SOCIETY LTD WORK SHOP BUILDING RAILWAY WORK SHOP MYSURU SOUTH MYSURU 570001.
9 . SOMASHEKAR N S/O NANJUNDAIAH AGE 50 YEARS NO.737. 2ND STAGE KWS KUVEMPU NAGAR MYSURU DIRECTOR NAIRUTHYA RAILWAY HOUSE BUILDING, CO OPERATIVE SOCIETY LTD WORK SHOP BUILDING RAILWAY WORK SHOP MYSURU SOUTH MYSURU 570001.
10 . ANNAPURNA W/O M.B.NAGESH AGE 53 YEARS, NO.13, 1ST CROSS, 4TH MAIN VINAYAKANAGAR MYSURU DIRECTOR NAIRUTHYA RAILWAY HOUSE BUILDING, CO OPERATIVE SOCIETY LTD WORK SHOP BUILDING RAILWAY WORK SHOP MYSURU SOUTH MYSURU 570001.
11 . A.AMBIKA W/O JAGANATH AGE 45 YEARS NO.13, 1ST CROSS, 4TH MAIN VINAYAKANAGAR MYSURU DIRECTOR NAIRUTHYA RAILWAY HOUSE BUILDING, CO OPERATIVE SOCIETY LTD WORK SHOP BUILDING RAILWAY WORK SHOP MYSURU SOUTH MYSURU 570001.
12 . K.GEETHA W/O LOKESH AGE 34 YEARS NO.2226, 6TH MAIN 3RD STAGE, SRIRAMPURA MYSURU DIRECTOR NAIRUTHYA RAILWAY HOUSE BUILDING, CO OPERATIVE SOCIETY LTD WORK SHOP BUILDING RAILWAY WORK SHOP MYSURU SOUTH MYSURU 570001.
...PETITIONERS (BY SRI DEVI PRASAD SHETTY, ADVOCATE) AND 1 . STATE OF KARNATAKA REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BANGALORE 560001 2 . S INDRANI W/O SHANKER, AGED 46 YEARS NO.1143/71A, 5TH MAIN, 5TH CROSS, PUBLIC HOSTEL ROAD, VIDYARANYA POST, MYSURU 570001.
(BY SRI MAHESH SHETTY, HCGP FOR R1 SRI B BALAKRISHNA, ADVOCATE FOR R2) …RESPONDENTS THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CR.P.C. PRAYING TO QUASH THE FIR BEARING CR.NO.0077/2016 DATED 02.09.2016 REGISTERED BY ASHOKPURAM POLICE STATION, MYSURU AND THE ENTIRE PROCEEDINGS IN P.C.R. NO.1474/2016 PENDING ON THE FILE OF V ADDL. I CIVIL JUDGE AND J.M.F.C., MYSURU.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER R.DEVDAS J., (ORAL):
On 19.11.2019, there was no representation for the 2nd respondent. Therefore, the matter was adjourned to this day in order to enable the learned counsel for the 2nd respondent to make submissions.
Today, the matter is called out there is no representation for the 2nd respondent, therefore the matter is taken up in the absence of the 2nd respondent.
2. The 2nd respondent is an associate member of the South Western Railway House Building Co-operative Society Ltd., situated at Mysuru. The 2nd respondent has filed a private complaint in PCR.FR.No.1474/2016 before the V Addl. Civil Judge and JMFC, Mysuru, alleging that though the 2nd respondent is an associate member and the Society has collected money from all the eligible members including the 2nd respondent, the society has not allotted a site to the 2nd respondent. The learned counsel for the petitioner submits that firstly, if a member of a society has any grievance against the society, the forum for venting the grievance is provided under the Karnataka Co-operative Societies Act, 1959. Moreover, it is submitted that the 2nd respondent is only an associate member and unless and until sites are allotted to the regular members, a site cannot be allotted to an associate member. Nevertheless, it is submitted that a private complaint cannot be entertained by Magistrate unless and until the provisions of Section 154 are followed. The learned counsel for the petitioner draws the attention of this Court to a decision of the Hon’ble Supreme Court in the case of Prinyanka Srivatsava and Another Vs. State of Uttar Pradesh and Others, reported in (2015) 6 SCC 287 and in the light of the position of law as declared in the said decision, it is prayed that the proceedings before the Magistrate be quashed.
3. Heard the learned counsel for the petitioner, learned HCGP for respondent-State and perused the petition papers.
4. In Prinyanka Srivatsava (supra), the Hon’ble Apex Court while taking note of the prevailing situation in the country where private complaints were being filed before Magistrates, without approaching the jurisdictional police as provided under Section 154, observed that the prior applications under Section 154(1) and 154(3), while filing a petition under Section 156(3) was required to be spelt out in the application along with necessary documents to that effect. It was further held that a warrant for giving a direction that an application under Section 156(3) be supported by an affidavit be so that the person making the application should be conscious and also endeavour to see that no false affidavit is made. It was further observed that it is because once an affidavit is found to be false, the person will be liable for prosecution in accordance with law. This will deter him to casually invoke the authority of the Magistrate under Section 156(3). The Apex Court was compelled to say that a number of cases pertaining to fiscal sphere, matrimonial dispute/family disputes, commercial offences, medical negligence cases, corruption cases and the cases where there is abnormal delay/laches in initiating criminal prosecution was illustrated in the case of Lalita Kumari vs Govt.Of U.P.& Ors, reported in (2014) 2 SCC 1. In order to ensure that the procedures contemplated under Section 154 are complied with, the Hon’ble Apex Court had directed all the Magistrates to take note of the directions issued by the Apex Court in the case of Prinyanka Srivatsava.
5. In the present case, as is evident, the 2nd respondent was required to approach the competent authority under the provisions of the Karnataka Co- operative Societies Act in order to redress her grievances. It is seen that in the complaint made by the 2nd respondent, she had arraigned the Assistant Registrar of Co-operative Societies, Sri.R.Manjunath, as an accused. The said Sri.R.Manjunath had approached this Court in Crl.P.No.7482/2016 and the said petition was allowed by order dated 03.09.2019 and the FIR as against the said petitioner (accused No.16) was quashed. The 1st petitioner herein is the President of the society, the 2nd petitioner is the Vice-President and the other petitioners i.e., petitioners No.3 to 12 are the Directors of the society. This Court, in the case of the Sri.R.Manjunath (supra), in Crl.P.No.7482/2016 has already held that the bye-laws of the society were amended in accordance with law on a resolution was passed by the General Body in meeting held on 24.07.2016. It was held that the allegations made in the complaint do not make out any criminal offence insofar as the petitioners therein was concerned. It was further held that the allegations made in the complaint, even if accepted on its face value, would not render the petitioner culpable for the offences mentioned in the complaint.
6. For the reasons stated above, this Court is of the opinion that the FIR registered at the instance of the 2nd respondent against the petitioners who are office bearers of the Society is required to be quashed for the very same reason.
7. The petition is allowed. The FIR in Cr.No.0077/2016, dated 02.09.2016, registered by Ashokapuram Police Station, Mysuru City and the entire proceedings in PCR.FR.1474/2016 pending on the file of V Addl. Civil Judge and JMFC, Mysuru, are hereby quashed and set aside.
Sd/- JUDGE DL