Quashing of criminal proceedings under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, confirmed due to lack of evidence.

IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 1^ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 200222 OF 2025 (482(Cr.PC)/528( BNSS ))

BETWEEN:

SIDDAPPA S/O CHANDRAM SOMAPUR, AGE:55 YEARS, OCC: JUNIOR ENGINEER, TMC SINDAGI, AT PRESENT CHITTAPUR, R/O. KALYANA NAGAR SOMAPUR ROAD, SINDAGI, DIST. VIJAYAPURA-586101.

…PETITIONER (BY SRI RAVI G. MADABHAVI, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA, THROUGH, SINDAGI POLICE STATION, DIST. VIJAYAPURA-586101, R/BY ADDL. SPP HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585107.

2. SURESH S/O DHANSINGH NAYAK, CHIEF OFFICER, PURASABHA SINDGI, R/O. HADALSANG LT, TQ. INDI, PRESENTLY R/AT KALYAN NAGAR, NEAR SEVA LAL TEMPLE SINDGI, DIST. VIJAYAPURA-586101.

…RESPONDENTS (BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R1 SRI CHAITANYAKUMAR C.M., ADVOCATE FOR R2)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF BNSS ,2023 PRAYING TO SET ASIDE THE ORDER OF TAKING COGNIZANCE AND ISSUE OF PROCESS DATED 16-02-2022 PASSED IN CC NO.518/2022 NEW (CC NO. 660/2022 OLD) (SINDGI PS CRIME NO. 253/2020) BY THE CIVIL JUDGE AND JMFC SNDGI, DIST VIJAYAPURA, FOR THE OFFENCES U/SEC. 408, 409, 420 R/W 34 OF IPC AND TO QUASH ENTIRE CHARGE SHEET IN CC NO. 518/2022-NEW ( CC NO. 660/2022-OLD) PENDING ON THE FILE OF CIVIL JUDGE AND JMFC SINDGI DIST VIJAYAPURA.

THIS PETITION, COMING ON FOR FURTHER ARGUMENTS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MRS JUSTICE M G UMA ORAL ORDER (PER: HON'BLE MRS JUSTICE M G UMA)

The petitioner being accused No.4 in (Crime No.253/2020 of Sindagi Police Station) now pending in C.C.No.518/2022 (old C.C.No.660/2022) on the file of the learned Civil Judge and JMFC, Sindgi, Dist: Vijayapura, registered for the offence punishable under Sections 408 , 409, 420 r/w 34 of IPC, is seeking to quash the criminal proceedings initiated against him.

2. Heard Sri.Ravi G.Madabhavi, learned counsel for the petitioner and Sri.Jamadar Shahabuddin, learned High Court Government Pleader for the respondent – State as well as Sri. Chaitanyakumar C.M., learned counsel for respondent No.2. Perused the materials on record.

3. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is:

“Whether the criminal proceedings initiated against the petitioner is liable to be quashed invoking inherent power under Section 528 of Bharatiya Nagarik Suraksha Sanhita , 2023?”

4. My answer to the above point is in the ‘affirmative’ for the following:

R E A S O N S

5. Respondent No.2 being the Chief Office of Town Municipal Council (for short ‘TMC’), Sindgi, lodged the first information against accused Nos.1 to 5 alleging that accused No.1 was the contractor, accused No.2 was the chief officer, accused Nos.3 and 4 were the Junior Engineers and accused No.5 was the accountant and all these accused in collusion with each other misappropriated about Rs.41,00,000/- and thereby committed cheating. Therefore, he requested the jurisdictional police to register the case and to initiate legal action. Accordingly, The FIR in Crime No.253/2020 came to be registered and investigation was undertaken. After investigation, charge sheet came to be filed. Now the matter is pending before the Trial Court.

6. Learned counsel for the petitioner has produced the copies of the order dated 20.06.2023 passed in Criminal Petition No.201192/2022 and the order dated 11.07.2024 passed in Criminal Petition No.201390/2023, to contend that, the criminal proceedings against accused Nos.1 and 5 is already quashed. This fact is not disputed by the learned counsel for the respondents. It is also submitted on behalf of the petitioner that accused Nos.2 and 3 have already died and the case against them is abated. Thi