Back
WP No. 19851 of 2023
C/W CRIMINAL PETITION NO. 9602 OF 2023 WRIT PETITION NO. 19851 OF 2023 (GM-RES) WRIT PETITION NO. 23972 OF 2023 (GM-RES)
IN WP No. 17649/2023 BETWEEN:
N Location: High Court of Karnataka AND:
1. STATE OF KARNATAKA THROUGH N R POLICE REPRESENTED BY HIGH COURT GOVERNMENT PLEADER, HIGH COURT OF KARNATAKA BANGALORE-560001
AND:
1. STATE BY R T NAGAR P S J C NAGAR, SUB DIVISION, WP No. 19851 of 2023
WP No. 19851 of 2023
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC 271/2020 ON THE FILE OF CIVIL JUDGE AND JMFC NARASIMHARAJAPURA VIDE ANNEXURE-C REGISTERED FOR THE OFFENCE PUNISHABLE U/S 35, 37, 201, 417, 419, 406, 420, 120B, 323, 506 R/W 34 OF IPC IN SO FAR AS THE PETITIONER IS CONCERNED.
IN WP NO. 23972/2023 BETWEEN:
RAJESH. K. N.
WP No. 19851 of 2023
1
2
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC.271/2020 VIDE ANNEXURE-D ON THE FILE OF CIVIL JUDGE AND JMFC NARASIMHARAJAPURA VIDE ANNEXURE-D REGISTERED FOR THE OFFENCE PUNISHABLE U/S 35, 37, 201, 417, 419, 406, 120B, 323, 506 R/W SECTION 34 OF IPC IN SO FAR AS THE PETITIONER IS CONCERNED.
THESE PETITIONS, COMING ON FOR DICTATING ORDERS, THIS DAY ORDER WAS MADE THEREIN AS UNDER:
COMMON ORDER
W.P.No.23972/2023 and W.P.No.19851/2023 are filed under Articles 226 and 227 of the Constitution of India r/w Section 482 Cr.P.C, respectively by accused Nos.1 and 3, with a prayer to quash criminal proceedings initiated against them in C.C.No.271/2020, on the file of Civil Judge and JMFC Narasimharajapura, for the offences punishable under Sections 35, 37, 201, 417, 419, 406, 120-B, 323, 506 r/w Section 34 IPC.
2. Petitioner in W.P.No.17649/2023 has challenged the order dated 20.02.2020 passed by the trial Court in the above case i.e, C.C No.271/2020 rejecting the application filed by her under Section 457 Cr.P.C and order dated 05.08.2023, partly allowing the application filed by respondent No.2/ complainant filed under Section 457 Cr.P.C and releasing part of the seized amount to his interim custody.
3. W.P.No.9602/2023 is filed by accused Nos. 1 and 2 under Section 482 Cr.P.C to quash the criminal proceedings initiated against them in C.C.No.7839/2018 arising out of Cr.No.49/2017 for the offences punishable and Sections 406, 420, 504, 506, 120-B r/w Section 34 IPC.
4. Since the facts giving rise to these petitions are interlinked and common, the petitions are clubbed together and disposed off by a common order.
5. In support of their petitions, accused Nos.1 and 3 of C.C No.271/2020 have contended that they are innocent of the offences alleged and have been falsely implicated. They are in no way connected to the alleged incident. There is no material to show that they are involved in the alleged incident. Except the allegations that they persuaded respondent No.2 to invest in the Rice pulling instrument, there are no allegations against them. Continuation of the proceedings would amount to abuse of the process of the Court and hence, the petitions.
6. On the other hand learned counsel representing respondent No.2 and learned High Court Government Pleader representing respondent No.1 State would submit that respondent No.2 is an agriculturist. He came in contact with accused No.2 Nandan Kumar, who is his neighbour. In the last week of September 2016, when he visited the house of accused No.2 Nandan Kumar, in connection with festival feast, accused No.2 told him about Rice pulling instrument and that it is worth hundreds of Crores of rupees and that if he makes investment in the same, he could get handsome returns. Respondent No.2 brought this fact to the notice of his friend Imthiaz (CW-2).
6.1 After one week, accused No.2 Nandan Kumar introduced him to accused No.3 Omkar @ Vijaykumar at N.R.Pura camp. He also said that there is huge profit investing in Rice pulling instrument. They called a Swamiji over phone and all of them went to meet the said Swamiji. However, he was not available and directed them to visit Sadguru Sevashrama and that he would send Junior Swamiji. Accordingly, they went to Sadguru Sevashrama, Hosadurga and met a junior Swamiji. He also spoke about the Rice pulling instrument and collected the details of respondent No.2, so that he would see whether God is favouring him in the said business. Later accused No.3 Omkar @ Vijaykumar, informed respondent No.2 that Swamiji conveyed that it is favourable for respondent No.2 to invest.
6.2 On the next day they again went to Hosadurga and met accused Nos.2 and 3. They informed respondent No.2 that some company is interested in testing the Rice pulling instrument, but it requires Rs.40 - 45 lakhs. When accused Nos.2 and 3 called Senior Swamiji, he also confirmed the said fact. The Senior Swamiji refused to disclose his name. Respondent No.2 expressed his inability and returned. However, after one week accused Nos.2 and 3 contacted him and said that a foreign company by name Verbund International, Ostria, U.K is interested and Dr.V.K.Singh, CEO of the said company are discussing about the same and took him to Bengaluru and introduced to accused No.4 Mohammad Rafi and another at ITC International hotel. They informed that they are interested in testing the
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
