IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 13TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 3592/2017 BETWEEN 1. MR. TARUN VARMA, S/O NARAYANAN PRASANNA VARMA THAMPAN AGE 40 YEARS, WORKING AS VICE PRESIDENT HR OPERATIONS (INDIA) SHELL INDIA MARKETS PVT LTD., 2. MR. BHASKAR RAMACHANDRAN, S/O RAMACHANDRAN P., AGE 49 YEARS, WORKING AS GENERAL MANAGER ROTATING EQUIPMENT, SHELL INDIA MARKETS PVT. LTD., 3. MS. NETRA KARTHIK, W/O KARTHIK SUNDARAMOORTHY, AGE 35 YEARS, WORKING AS HR MANAGER, SHELL INDIA MARKET PVT LTD., COMMON ADDRESS:
SHELL INDIA MARKETS PVT LTD., SHELL TECHNOLOGY CENTRE, BENGALURU, RMZ CENTENNIAL CAMPUS B, NO.8B, KUNDALAHALLI MAIN ROAD, BENGALURU 560 048.
... PETITIONERS (BY SRI. S. S. NAGANAND, SR. COUNSEL, FOR SRI. NITIN R., ADV. ) AND 1. STATE OF KARNATAKA, BY WHITE FIELD PS., REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU 560 001 2. MR. AJAY GIRI, S/O BINDVASANIGIRI, AGED ABOUT 39 YEARS, R/AT PRESTIGE SHANTINIKETAN, ITPL MAIN ROAD, WHITEFIELD, BENGALURU 560 048 ... RESPONDENTS (BY SRI. SANDESH J. CHOUTA, SPP-II FOR R-1 SRI. M. T. NANAIAH, SRI. COUNSEL FOR SMT. RACHITA NANAIAH, ADV. FOR R2) THIS CRL.P IS FILED U/S 482 CR.P.C PRAYING TO QUASH THE CRIMINAL PROCEEDINGS IN CR.NO.130/2017 ARISING OUT OF PCR NO.141/2017 FOR OFFENCES P/U/S 417, 418, 420, 467, 468, 469, 471, 477, 477A AND 120(B) OF IPC REGISTERED BY THE WHITEFIELD POLICE STATION, BENGALURU, PENDING BEFORE THE A.C.J.M., BENGALURU RURAL DIST.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners and the learned HCGP for the respondent-State. perused the records.
2. The above petition is filed seeking quashing of the criminal proceedings in Crime No.130/2017 registered by Whitefield Police for the offences punishable under Sections 417, 418, 420, 467, 468, 471, 477, 477A, 120B of IPC, on the direction of the jurisdictional Magistrate while referring the PCR No.141/2017 under Section 156(3) of Cr.PC.
3. On careful perusal of the entire materials on record, it appears the guidelines laid down by the Hon’ble Apex Court in Priyanka Srivastava and Others Vs. State of U.P. and others reported in AIR 20015 SC 1578, have not been observed before referring the matter to the police under Section 156(3) of Cr.PC.. In the said decision, the Hon'ble Apex Court has specifically observed that, there should be an affidavit along with supporting documents filed by the complainant narrating that he has exhausted the remedy under Section 154(3)(4) of Cr.PC..
4. As per the said guidelines in the said decision of the Hon'ble Apex Court, while referring a private complaint to the police for investigation under Section 156(3) of Cr.PC., the court should see that, the complainant has filed an affidavit on both aspects that, he has exhausted the remedy under the above said provisions and that he has clearly spelt-out the same in the affidavit with necessary documents to that effect has to be filed. Apparently the same has not been done in this particular case by the complainant – Mr. Ajay Giri (2nd respondent herein) while filing a private complaint before the trial Court nor the trial Magistrate has applied his judicious mind sofar as that aspect is concerned, before referring the matter to the Investigating Officer for investigation under Section 156(3) of Cr.PC..
5. In the above circumstances, the reference of the complaint for investigation itself is bad and consequent registration of the FIR is also equally bad. Hence, the order referring the matter to the police for investigation by the learned Magistrate and consequent registration of the FIR are deserve to be quashed. Accordingly, I pass the following:
ORDER The petition is allowed. Reference of the complaint in PCR No.141/2017 for investigation to the jurisdictional police under Section 156(3) of Cr.PC. vide order dated 16.03.2017 passed by the learned Magistrate is hereby quashed and consequent registration of the FIR by Whitefield Police, Bengaluru, in Crime No.130/2017 for the offences punishable under Sections 418, 420, 467, 468, 469, 471, 477, 477(A) & 120(B) of IPC and all further proceedings therein, are hereby quashed.
Respondent no.2 is at liberty to take appropriate steps, either to continue with his private complaint or to withdraw with liberty of trial court to re-file, if law permits.
Sd/-
JUDGE KGR*