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2017 Supreme(Kar) 1032
IN THE HIGH COURT OF KARNATAKA
JOHN MICHAEL CUNHA, J.
KOGUNDI DYAMANNA - Appellant
Versus
MANIKANTA SARKAR - Respondent
Criminal Petition No. 8034 of 2013, C/w 7948 of 2013
Decided on : 13-02-2017
For the Petitioner:Sri. C.H. Jadhav, Senior Advocate A/w Sri. S.G. Rajendra Reddy, Advocate.
For the Respondent:Sri P.Y. Hadimani & Sri Sridhar. N. Hegde, Sri. Venkatesh S. Arabatti, Advocate.
Headnote:CODE OF CRIMINAL PROCEDURE, 1973 – Section 154 – Registration of FIR – Preliminary enquiry – Complaint alleging commission of offence under Section 13(1)(e) of P.C. Act – Officials not conducting preliminary enquiry before registering FIR to satisfy prima facie evidence of alleged offence is not proper.
CODE OF CRIMINAL PROCEDURE, 1973 – Section 156(3) – Private complaint – Allegations as to offences under Sections 8 and 9 of P.C. Act, 1988 – Complainant seeking legal assistance of advocate – Complainant quoting wrong provisions of law, deliberately, to mislead Court – Acceptance of complaint by non- application of mind – Held, Not proper.
CODE OF CRIMINAL PROCEDURE, 1973 – Section 482 – Quashing of criminal proceedings – Direction for investigation – Complainant filing complaint against accused for offences under Sections 8, 9 of P.C. Act, 1988 although allegations are pertaining to offence punishable under Section 13(1)(e) of Act – Enquiry already conducted on basis of previous FIR on same allegations, escaping accused of all allegations – Officials registering FIR without conducting police enquiry to satisfy prima facie evidence of alleged offence – Magistrate directing for investigation without applying mind – Criminal proceedings liable to be quashed. AIR 2013 SC (Supp) 1056, Rel. on.
JOHN MICHAEL CUNHA, J.
1. These petitions are filed under Section 482, Cr.P.C. seeking to quash the order 2.12.2013 in PCR No.91/2013 passed by the Prl. District & Sessions Judge, Davanagere and to quash the complaint dated 2.12.2013 and consequent FIR in Cr. No. 107/2013 dated 10.12.2013 of Lokayukta police, Davanagere.
2. The respondent No. 1 a businessman and a social worker and President of Davanagere District Sriramasena Ghataka set the criminal law in motion by presenting a private complaint before the District & Sessions Judge, Davanagere under Section 200, Cr.P.C. In the complaint, he alleged that accused No.1 (Kogundi Dyamanna) being the friend of accused No.9 (M. N. Karibasavanagouda) and also in the capacity of D.C.C. Bank Vice President along with accused No.9 has purchased many properties illegally and out of black money, and accused No.9 by misusing his office has got money through illegal means and purchased many properties in the name of his mother, wife and his relatives. A2 is the mother of A5 and A9. A3 is the father-in-law of A5. A4 is the wife of A5 and daughter of A3. A5 has been working as Food Inspector. A9 is the brother of A5. A6 and A7 are sons of A3. A8 is the wife of A9.
3. It is further alleged in the complaint that accused No.9 purchased the following properties situated in Devagondanahalli village, Hadagali Taluk, in the name of his mother Accused No. 2 :-
Sl.No.
R.Sy. No.
Extent
1.
40/B
2 Acres 24 guntas
2.
137/B
11 Acres
3.
42/B
2 Acres
4.
42/B
3 Acres 89 cents
5.
28
3 Acres 4 guntas
6.
270
3 Acres 75 cents
Further, accused Nos. 1 and 9 have purchased following properties situated in Harapanahalli village, Kasaba hobli, Harapanahalli taluk, in the name of Accused Nos. 4 to 7 :-
Sl. No.
R.Sy. No.
Extent
1.
37
7 Acres 21 cents
Accused Nos. 1 and 9 have also purchased site bearing No.364-365 measuring 80 ft. x 50 ft. situated at Harapanahalli Ward No.1 in the name of accused No.4 and accused No.3 has built a house in site bearing No.365. The other sites purchased by the accused are :
Purchaser
Site
Place
In the name of
A.1 & R.9
60 ft. x 40 ft.
Rajarajeshwarinagara, Bengaluru.
A1 & A9
A.1 & R.9
50 ft. x 30 ft.
Visweswaranagar, Bengaluru.
A1 & A9
A.9
23 Acres
Hadagali village
Self
A.9
65 ft. x 45 ft
Husband of R.8
A.9
20 Acres
Nagenahalli village, Hospet Taluk
A.8
A9
House No. 16 (60 x40)
Basaveshwara Layout Ward No.2 Hospet
A.8
A9
Bungalow
Chitradurga
A.1
4. Further it is alleged in the complaint that in the first week of November 2013, Accused Nos. 1, 5 and 9 came near the shop of the complainant and abused him in a vulgar language and also issued threat to his life. Based on these allegations, the complainant sought action against the petitioners herein for the alleged offences punishable under sections 8 and 9 of the Prevention of Corruption Act, 1988 and under Sections 34, 143, 504, 506 and Section 198 of Indian Penal Code and to confiscate the properties illegally acquired by Accused Nos. 1 to 9. Accused No.1 in the above proceedings is the petitioner in Crl.P. No.8034/2013 and Accused Nos. 2 to 9 are the petitioners in Crl.P. No.7948/2013.
5. This complaint was filed on 2.12.2013 and on the same day, the learned District & Sessions Judge, Special Court, Davanagere referred the complaint for investigation under Section 156(3), Cr.P.C. to the Superintendent of Police, Lokayukta, Davanagre. Pursuant to the said order, the Lokayukta police, Davanagere District registered a case in Cr. No.107/2013 on 10.12.2013 under Sections 8 and 9 of the P.C. Act and Sections 34, 143, 504, 506, 198 Indian Penal Code. Aggrieved by the action of the respondents, the petitioners have filed these petitions seeking to quash the registration of the FIR and the consequent investigation.
6. I ha
