Back
IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH
H.P.SANDESH, J.
EKANTAPPA P.J S/O JOGAPPA AGED ABOUT - PETITIONERS
Vs.
THE STATE THROUGH RAGHAVENDRA NAGAR P.S. KALABURAGI REPRESENTED BY ADDL. SPP HIGH COURT OF KARNATAKA KALABURAGI - RESPONDENTS
CRIMINAL PETITION No.201073/2018
Decided on : 12-11-2021
Criminal Procedure Code,1973 - Section 482 - Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 - section 3(1)(x)- Indian Penal Code,1860 - Section 504 read with Section 34 – Quash of Criminal proceedings – Intentional insult to provoke breach of trust - Refusal to disburse salary and abusing - Complainant did not support the petitioners for their corruption and hence having ill-will against the complainant subjected him for caste humiliation and not paid salary for a period of 15 months - These two petitioners belong to community and this harassment continued from till date of filing the complaint - It is also alleged in complaint that a complaint was filed against complainant/respondent No.2 that he has misappropriate funds of college against him and also one Engineer vide complaint - Police have investigated matter and filed B-report - Petitioners have withheld his salary from April only on ground that a case has been registered against him and when he went and approached the petitioners they abused taking his caste name and insulted him –
Finding of the court : Complaint is lodged by the petitioner No.1 against the complainant based on the direction of superior authority regarding misappropriation of amount by the complainant and another. As held by the Hon'ble Apex Court in Gorige Pentaiah’s case referred supra that when the criminal case was false and frivolous and filed with an oblique motive, the Court can exercise power under section 482 of Cr.P.C., No doubt, the principles laid down in the judgments cited by the respondent No.2 which are referred above, it is clear that when the complaint discloses prima facie case, the Court cannot exercise power under section 482 of Cr.P.C., but the High Court can exercise power only in exceptional cases. But this case comes within the meaning of exceptional cases since there is an abuse of process and with only an oblique motive that too when the petitioner No.1 has filed the objection statement to the B-report, on the very next day, present complaint is filed by the complainant making general and omnibus allegation against the petitioners and hence, this is a fit case to exercise power under section 482 of Cr.P.C., to quash the proceedings or otherwise, it amounts to an abuse of process which leads to miscarriage of justice
Result: Petition is allowed.
ORDER :
This petition is filed under Section 482 of Cr.P.C., praying this Court to quash the FIR and complaint in Crime No.129/2018 of Raghavendra Nagar Police Station, pending on the file of II Additional Sessions Judge, Kalaburagi in FIR No.74/2018 for offences punishable under Section 504 read with Section 34 of IPC and section 3(1)(x) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short ‘the Act’).
2. Heard the learned counsel for petitioners and the learned High Court Government Pleader for respondent-State and learned counsel for respondent No.2.
3. The factual matrix of the case is that the respondent No.2 in his complaint dated 31.07.2018 gave a complaint to the police against the petitioners herein alleging that the complainant did not support the petitioners for their corruption and hence having ill-will against the complainant subjected him for caste humiliation and not paid salary for a period of 15 months. These two petitioners belong to Lingayat community and this harassment continued from April-2007 till date of filing the complaint. It is also alleged in the complaint that a complaint was filed against the complainant/respondent No.2 herein that he has misappropriated the funds of the college against him and also one Virupakshappa Engineer vide complaint dated 06.04.2017. The police have investigated the matter and filed the B-report. The petitioners have withheld his salary from April-2017 only on the ground that a case has been registered against him and when he went and approached the petitioners they abused taking his caste name and insulted him. It is also the allegation in the complaint that on 23.07.2018 at about 10.30 a.m., when as usual he went to office and signed in the attendance register and went to the chambers of petitioner No.1 P.J.Yekantappa and requested to make salary on the ground that his father is not keeping good health and he has to take him to Bangalore hospital. Inspite of the request made he refused to disburse the salary and abused in filthy language and this incident was witnessed by one Firoz and pacified their quarrel. Based on this complaint a case has been registered for the offence and police have also investigated the matter.
4. Learned counsel for petitioners would vehemently contend that the respondent No.2 is having grudge against the petitioner No.1 and hence, he filed a false complaint only with an intention to harass the petitioners and no such incident has taken place and they were falsely implicated in the case. Nowhere in the FIR and complaint any allegation is made against the petitioners that they have any intention to insult or intimidates with an intent to humiliate a member of a Scheduled caste or a Scheduled Tribe in any place within public view. The contents of the complaint also do not make out a prima facie case against the petitioners. The petitioner No.1 being the Project Manager of Nirmithi Kendra, Kalaburagi as per the direction issued by the Secretary, Hyderabad Karnataka Regional Development Board, Kalaburagi vide letter dated 25.01.2017 and also the letter issued by the Additional Deputy Commissioner, Kalaburagi dated 27.02.2017, was directed to take action and register a police case against the concerned persons for misappropriating the Government funds and based on the said direction of the superior officers, the petitioner No.1 has filed a police complaint before the Mahagaon Police Station on 06.04.2017 against the complainant herein and his brother who have misappropriated an amount of Rs.5,12,000/-. The complainant in the above case having malafide intention to give harassment to the petitioners has lodged a false complaint against the petitioners herein. These petitioners are not having personal enmity against the complainant. The police have investigated the matter and filed the B-report and he has filed the objection to the B-report and hence on the very next day he has lodged the complaint. The learned counsel in
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
