IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.7633/2015 BETWEEN:
P. Ashwathaiah, S/o. Late Sanjeevareddy, Aged 68 years, Retired Taluk Sherestdar, R/o. Maruthi Nilaya, 9th Cross, Sapthagiri Extension, Tumkur – 572 102. …Petitioner (By Sri. B.K. Soodi, Advocate – Absent) AND:
1. The State of Karnataka, By the Sub-Inspector of Police, Badavanahalli Police Station, Dist. Tumkur – 572 102.
2. The Tahasildar, Madhugiri Taluk, Madhugiri, Dist. Tumkur – 572 102. …Respondents (By Sri. Vijayakumar Majage, Addl. SPP) This Criminal petition is filed under Section 482 of Cr.P.C. praying to quash the proceedings as against the petitioner (Accused No.20) in Crime No.55/2014, pending on the file of Prl. Civil Judge (Jr.Dn) and JMFC Court, Madhugiri Taluk, Tumkur District.
This Criminal petition coming on for Admission, this day, the Court made the following:
O R D E R Based on the complaint lodged by the Tahsildar of Madhugiri Taluk, FIR in Crime No.55/2014 has been registered against 29 officials of the Taluk office, Madhugiri Taluk, Tumkur, on the allegation that in between 1996-97 to 07.12.2010 till 05.01.2011 all the accused therein in collusion with each other issued saguvali chits to various beneficiaries by creating false documents. Petitioner herein is shown as accused No.20 in the FIR.
2. Counsel for the petitioner is absent. Heard learned Addl. SPP for respondents. Perused the records.
3. The contention urged by the petitioner that at the relevant time he was not working in the Taluk office of Madhugiri Taluk, Tumkur, cannot be considered as a ground to quash the FIR. Considering similar allegations made against other accused persons, this Court has dismissed the petitions filed by accused Nos.14, 25 and 28 on the ground that investigation being in progress, it is not proper to exercise jurisdiction under Section 482 of Cr.P.C.
4. In view of the above order and having regard to the nature of allegations made in the complaint as the matter requires investigation, petition is dismissed.
In case, the petitioner is aggrieved by any final report to be submitted based on the investigation, it is open for the petitioner to seek appropriate remedy in accordance with law.
Sd/- JUDGE SV