THE HON’BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY CRIMINAL PETITION No.2603 OF 2023

ORDER:

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (for short ‘Cr.P.C.’) by the petitioner/accused to quash the proceedings against him in C.C. No.6830 of 2021 on the file of the IV Additional Chief Metropolitan Magistrate, Hyderabad, for the offences punishable under Sections 406 and 420 of the Indian Penal Code (for short ‘IPC’).

2. Heard Sri J.Prabhakar, learned Senior Counsel representing Ms.D.Venkata Padmaja, learned counsel for the petitioner, Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No.1 – State and Sri C.Ramachandra Raju, learned counsel for respondent No.2. Perused the record.

3. The case of the prosecution is that on 26.09.2019 at 20:00 hours, respondent No.2 filed a complaint against the petitioner herein and other accused alleging that in January, 2011, the petitioner introduced himself to respondent No.2 through known persons and by that time, he was MLA from Congress Party representing Gurumitukul Assembly Constituency of Gulbarga District, Karnataka State. The petitioner assured respondent No.2 that he can easily get respondent No.2 nominated to Andhra Pradesh Legislative Council in Governor quota, if respondent No.2 is ready to pay Rs.1.5 Crores, only after getting nominated and slowly squeezed Rs.86,00,000/- from respondent No.2 in the month of February-March, 2011 towards expenses, but he failed to get respondent No.2 nominated to AP Legislative Council in Governor’s quota. Since 2011, respondent No.2 made repeated requests to the petitioner to pay back the amount, but the petitioner did not pay the same. Basing on the said complaint, a case in Crime No.340 of 2019 on the file of the Station House Officer, Osmania University Police Station, Hyderabad, was registered against the petitioner and other accused for the offences under Sections 406 and 420 of IPC i.e., cheating and criminal breach of trust. After due investigation, the police have filed charge sheet against the petitioner and the IV Additional Chief Metropolitan Magistrate, Hyderabad, had taken cognizance and numbered it as C.C. No.6830 of 2021.

4. Learned counsel for the petitioner contended that the petitioner is a businessman by profession; that he actively represents and participates in the politics in the State of Karnataka; that he has occupied the office of various portfolios as a Minister under various leaderships in the State of Karnataka; that between 2008-2014, the petitioner held seven different portfolios in the Government of Karnataka and that the petitioner is actively involved in social services and various other philanthropic activities and earned reputation not only in the State of Karnataka, but across the country as well. It is further contended that respondent No.2, after coming to know about the petitioner’s reputation, began to peddle false, illegal and defamatory allegations against the petitioner to the effect that he had demanded and accepted few lakhs of rupees from him on the score that he was capable of getting him inducted as a member of the Legislative Council of the State of Andhra Pradesh under the Governor’s quota. Being aggrieved by the illegal acts of respondent No.2, the petitioner instituted a suit in O.S.No.2073 of 2013 on the file of Principal City Civil Judge, Bangalore city seeking prohibitory injunction restraining respondent No.2 from engaging in acts of making false statements and allegations against him. As prima-facie case was made out, the Principal City Civil Judge, Bangalore, has granted temporary injunction in favour of the petitioner vide order dated 15.03.2013. It is stated that the petitioner has also filed a complaint vide PRC No.4750 of 2013 on the file of IX Additional Chief Metropolitan Magistrate, Bangalore City, for the offences punishable under Sections 499, 500, 501 and 502 of IPC and the same is pending for adjudication. It is also contended that aft