IMPORTANT POINT
Perjury – Our criminal justice system will not permit a parallel proceeding to test and verify genuineness of allegations made in a previous complaint.

ORDER (COMMON)

“Every trial that fails due to external interference is a tragedy for the victim(s) of the crime. More importantly, every frustrated trial defies and mocks the society based on the rule of law. Every subverted trial leaves a scar on the criminal justice system. Repeated scars make the system unrecognisable and it then loses the trust and confidence of the people” - R.K. Anand Vs. Delhi High Court.

2. The writ petition has been filed by the complainant-informant seeking direction at the hands of this Court to entrust the investigation in Crime No.484/2022 to any senior lady Police Officer. The Criminal Petition is filed by accused Nos.1 and 2 in Crime No.484/2022, later assigned C.C.No.123/2023, pending on the file of the I Addl. Civil Judge and JMFC, Chitradurga, for quashing the entire legal proceedings, under Section 482 of the Code of Criminal Procedure. Since both the cases arise out of the same criminal case/proceedings, the matters were clubbed, heard and are being disposed of by this common order. For the sake of convenience, the accused persons No.1 and 2, who are the petitioners in Criminal Petition shall be referred to as ‘petitioners’.

3. A brief narration of facts are necessary to understand the background in which the crime was registered on the basis of information provided by the writ petitioner Sri Basavaprabhu Swamiji, who calls himself the in-charge Pontiff of Sri Murugharajendra Bruhanmata, Chitradurga. On 24.07.2022, two young girls, inmates of the Hostel run by the Mutt arrived at Bengaluru City Bus Stand. That night, an autorickshaw driver took them to Cottonpet Police Station and on verification, since the police came to know that the two young girls were inmates of the Hostel at Chitradurga, and that the petitioners herein were known to be associated with the Institution, the Cottonpet police informed them about the two girls who were found in Bengaluru. The petitioners immediately left Chitradurga and arrived in Bengaluru City and went to Cottonpet Police Station at about 1.00 p.m. With the consent of the police, the two young girls went along with the petitioners, back to Chitradurga. Nearly after a month, i.e., on 26.08.2022 the two young girls were taken to ‘Odanadi Seva Samsthe’, an NGO at Mysuru. The office bearers of the NGO took the two girls to Nazarbad Police Station at Mysuru and got a complaint registered to the effect that the Pontiff of Sri Murugharajendra Bruhanmata, Dr Shivamurthy Muruga Sarana had sexually abused the two young girls. Since the alleged offence is said to have taken place at Chitradurga, the Nazarbad Police, Mysuru, transferred the case to Chitradurga Rural Police Station. On 28.08.2022, the statements of the two young girls were recorded by Chitradurga Police and thereafter, the FIR was registered and action was taken against the Pontiff of the Mutt.

4. On 13.10.2022 one Smt. Gayatri, who was working as a Cook in the Hostel of the Mutt took her two daughters to ‘Odanadi Seva Samsthe’ at Mysuru. Once again similar accusations were made against the Pontiff of the Mutt and once again a case was registered in Crime No.182/2022 at Nazarbad Police Station at Mysuru. The case was once again transferred to Chitradurga Rural Police and on 14.10.2022, the Chitradurga Rural Police registered Crime No.445/2022 against the Pontiff of the Mutt. The said case is now registered as Spl.C.No.27/2023 on the file of II Addl. District and Sessions Court, Chitradurga.

5. The present cases do not arise out of the two criminal cases registered against the Pontiff of the Mutt. On the other hand, a written complaint was given by Sri Basavaprabhu Swamiji, who claims to be the in-charge Pontiff, on 09.11.2022 at about 6.00 p.m. stating that some persons have conspired to tarnish the image of the Mutt and the Pontiff by coaxing the two young girls to make unfounded statements against the Pontiff, on the basis of which a criminal case was earlier registered during the month of July 202