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2001 Supreme(Kar) 860

V.GOPALA GOWDA
Basavani – Appellant
Versus
Commissioner of Cane Development and Director of Sugar – Respondent


Advocates:
Advocate Appeared:
Mr. Subash B. Adi, for the Appellant
Mr. P. Satyanarayana, Additional Government Advocate, Ravi B. Nayak, for the Respondent

ORDER

V. Gopala Gowda, J.—The Petitioner is the Director of Sangam Co-operative Sugar Factory at Belgaum. A criminal case has been registered against him under Annexure-F in Cr. No. 191 of 2000 under Sections 409, 419 and 477-A Indian Penal Code on the allegation of misappropriation of amounts. Petitioner is seeking to quash the same and to direct Respondents 1 and 2 to conduct audit of accounts of 3rd Respondent, fix liability on the concerned persons responsible for the misappropriation and to take action against them under Sections 64 and 65 of the Karnataka Co-operative Societies Act.

2. At the out-set it is to be stated that the Petitioner, instead of facing the criminal proceedings, has filed this writ petition with the aforementioned prayers. It is well established that High Court cannot interfere under Article 226 of the Constitution of India with the investigation of criminal case. Writ jurisdiction is not meant for quashing the criminal proceedings. After investigation is over and filing chargesheet, if the offence alleged against the Petitioner is not made out, he can ask for discharge as provided under the provisions of Code of Criminal Procedure. Hence the prayer to quas






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