IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.111 OF 2013 BETWEEN:
MR S SATYANARAYANA RETIRED G.M.OF B.S.N.L. MAJOR, NOW R/AT BLOCK, NO.13, FLAT NO.19, KENDRIYA VIHAR (PHASE I), CGEWHO APARTMENTS, MAYURI NAGAR, MIYAPUR HYDERBAD-500 049.
ANDHRA PRADESH. ... PETITIONER (BY SRI: Y HARIPRASAD, ADVOCATE) AND:
1. STATE BY SRINGERI POLICE SRINGERI POLICE STATION, SRINGERI-577139.
2. SRI H.N. RAVEENDRA SHANTHAPURA KIGGA ANCHI SRINGERI TALUK (AMENDED VIDE ORDER DATED 13.2.2013) ... RESPONDENTS (BY SRI: I.S.PRAMOD CHANDRA, SPP-II FOR R1 SRI: N.MAHALINGA BHAT, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE C.C.NO.157/2011 DATED 26.12.2011 AT ANNEXURE-A AND ALSO CHARGE SHEET FILED BY THE 1ST RESPONDENT POLICE AT ANNEXURE-B BY ALLEGING THE OFFENCES UNDER SECTIONS 120B, 468 AND 471 OF IPC ONLY AGAINST THIS PETITIONER IN C.C.NO.157/2011 ON THE FILE OF THE C.J. & J.M.F.C., SRINGERI.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Petitioner has sought to quash the charge sheet in C.C.No.157/2011 registered for the offences punishable under sections 120-B, 468 and 471 of Indian Penal Code.
2. Petitioner was the General Manager of BSNL, Chikmagalur at the relevant point of time. The second respondent Sri. H.N. Raveendra lodged a complaint against the petitioner and others alleging that in collusion with other accused- namely the Secretary and other office bearers of the Panchayat, manipulated and falsified the records in respect of a Government property showing it as a private property and let out the said premises to erect a mobile tower.
3. There are no allegations whatsoever against the petitioner relating to the fabrication of the records or falsification of the panchayat records. Allegations constituting these charges are directed mainly against the Panchayat Secretary and accused No.1. Insofar as the present petitioner is concerned, the only allegation made in the FIR is that in collusion with other accused persons, the petitioner herein permitted to erect a mobile tower in the disputed land. Neither the complaint nor the charge sheet contain any material as to when and how collusion had taken place between the petitioner and other accused persons. On the other hand, the material produced on record clearly indicates that falsification of the panchayat records were done at the level of Panchayat. There is nothing on record to indicate that the petitioner herein had any inkling or knowledge of the falsification of the Panchayat records. On the other hand, the records disclose that the petitioner herein had approached the panchayat authorities seeking “No objection certificate” and on account of the refusal of the said certificate, the petitioner had given up the project, which indicates that the petitioner was not involved in falsification of the panchayat records. In the light of the above facts and circumstances, the implication of the petitioner in the alleged offences is nothing but an abuse of process of Court and therefore cannot be allowed to be continued.
Accordingly, the petition is allowed. The proceedings pending against the petitioner in C.C.No.157/2011 on the file of learned Civil Judge and JMFC, Sringeri are hereby quashed.
Sd/- JUDGE *mn/-