IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.6010/2013 Between:
1. Smt.Mashooda Begum W/o Late Javeed Ahamed Age: 55 years, Occ: President, Citizen Education & Trust 2. Noor Mohammad Ali S/o Late Javeed Ahamed Age: 24 years, Occ: Secretary, Citizen Education & Trust Petitioner Nos.1 and 2 are R/o Citizen School Campus, Nanjangud Town, Taluk: Nanjangud District: Mysore – 571301.
3. Heena Kannan W/o M.S.Kannan Age:46, Occ: Head Mistress, Citizen School R/o No.333, BM Layout, Nanjangud Taluk: Nanjangud, District: Mysore – 571301. … Petitioners (By Sri.K.V.Thimmaiah, Advocate) And:
1. The State of Karnataka By Nanjangud Town Police Station, Represented by The State Public Prosecutor, High Court of Karnataka, Bengaluru – 560001.
2. Syed Mubinulla S/o Late. Meer Obedulla Age: 35 years R/o No.152/A, 9th Cross, Shivaji road, N.R. Mohalla Mysore City Mysore – 570007.
3. Smt.Pushpalatha Assistant Director Prosecution Office of the Law Officer, Deleted as per Prosecution Department order dated Mysore Zone, 11.10.2013 No.618/IV, Chamaraja Street, Mysore – 570006. Respondents (By Sri.Vijayakumar Majage, Addl. SPP for R.1 Sri.Aruna Shyam M, Advocate for R.2) This Criminal Petition is filed under Section 482 of Cr.P.C., praying to quash the complaint dated 17.09.2013 and FIR dated 30.09.2013 registered on the file of Nanjangud Town P.S./Respondent No.1 in Cr.No.193/2013 as against the petitioners for the offences punishable under Sections 420, 467 of IPC now pending on the file of the C.J. and J.M.F.C., Nanjangud and etc.
This Criminal Petition coming on for Admission this day, the Court made the following:
O R D E R Petitioners have sought to quash the FIR registered against them in Crime No.193/2013 for the offences punishable under Sections 420 and 467 of IPC.
2. Heard learned counsel for the petitioners and learned Additional SPP appearing for respondent No.1/State and learned counsel appearing for respondent No.2.
3. Learned counsel for the petitioners, at the outset, submitted that based on similar allegations, one Smt.Naseema Parveen and others had filed a private complaint in PCR No.2/2013. The said complaint was referred to the police in Crime No.12/2013 and after investigation, ‘B’ report was submitted by the jurisdictional police. Thereafter, another complaint was lodged against the petitioners herein in Crime No.9/2013 for the offences punishable under Sections 406, 420, 468 and 471 read with 34 of IPC. Even in the said matter, ‘B’ Summary Report was submitted to the Court. The present complaint is instituted on the very same allegations and hence, it is a clear case of abuse of process of Criminal Court.
4. Learned Additional SPP appearing for respondent No.1 and learned counsel appearing for respondent No.2 dispute the submission and contend that the allegations made in the complaint prima facie constitute the offences alleged against the petitioners, therefore, there is no reason to quash the proceedings.
5. Considered the submissions and perused the records.
6. PCR No.2/2013 was filed by the 2nd respondent and others. In the said complaint, it was alleged that the petitioners herein failed to convene General Body Meeting and failed to maintain regular accounts and also used the forged documents as genuine. In Crime No.9/2013, the allegations are related to the creation and fabrication of documents with a view to show that complainant therein namely Smt.Naseema Parveen and one S.Mir Obedullah the members of the governing council had resigned from the directorship of the society. Whereas, in the instant case, the allegations are that the petitioners have got up a false sale deed dated 26.02.2003 and also fabricated a rent agreement dated 22.03.2012.
7. Since the allegations made against the petitioners prima facie disclose the commission of offences charged in the FIR, these allegations, in my view, require to be investigated. Therefore, I do not find any good ground to quash the proceedings. Consequently, petition is dismissed.
Sd/-
JUDGE NBM