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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10^TH DAY OF FEBRUARY, 2021

BEFORE

THE HON'BLE MR. JUSTICE H.P. SANDESH

CRIMINAL PETITION No.7510/2020

BETWEEN:

SRI. A. PRAKASH

S/O LATE ANJINAPPA

AGED ABOUT 51 YEARS

RESIDING AT NO.369,

”LAKSHMI VENKATESWARA NILAYA”

3^RD CROSS, RAMAKKA LAYOUT

NEAR GANGAMMA TEMPLE

HOSAKOTE TOWN-562 114

BENGALURU RURAL DISTRICT.

… PETITIONER

(BY SRI A.G.NAGARAJA, ADVOCATE)

AND:

1 .

STATE OF KARNATAKA

BY HOSAKOTE POLICE STATION

REPRESENTED BY STATE PUBLIC PROSECUTOR

HIGH COURT BUILDING

BENGALURU-01

2 .

SRI N.G. NAGA BHUSHAN

S/O LATE GOPALA KRISHNAPPA

AGED ABOUT 52 YEARS

RESIDING AT

”LAKSHMI VENKATESWARA NILAYA”

1ST MAIN, KAVERI NAGARA

NEAR OM SHREE SCHOOL

2

SIR M.V. EXTENSION

HOSAKOTE TOWN-562 114

BENGALURU RURAL DISTRICT.

… RESPONDENTS

(BY SMT. NAMITHA MAHESH B.G., HCGP FOR R1;

VIDE ORDER DATED 21.01.2021, NOTICE TO R2 IS HELD

SUFFICIENT)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482

OF CR.P.C. PRAYING THIS COURT TO QUASH THE CHARGE

SHEET FILED AGAINST THE PETITIONER IN CR.NO.292/2018

DATED 05.06.2018 AND REGISTERED IN C.C.NO.1511/2018 ON

THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC,

HOSAKOTE FOR THE OFFENCES UNDER SECTIONS 408, 409,

420, 471, 506, R/W 34 OF IPC AND RELEASE HE PETITIONER

FROM THE CASE.

THIS CRIMINAL PETITION COMING ON FOR ADMISSION

THIS DAY, THE COURT MADE THE FOLLOWING:

O R D E R

This petition is filed under Section 482 of Cr.P.C, praying

this Court to quash the charge sheet in Crime No.292/218 for

the offences punishable under Sections 408, 409, 420, 471, 506

read with Section 34 of IPC.

2.

The factual matrix of the case is that, respondent

No.2 herein has filed a complaint before the police that he is one

of the Director of Shri Chowdeshwari Handloom and powerlooms

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Manufacturing and Marketing Sahakara Sangha, Hosakote, and

other members are also there in the Society. This petitioner

created Bank account in the BDCC Bank in the name of several

beneficiaries and created particularly fake delivery challans and

obtained the signatures of the beneficiaries and made the other

persons to stand and took photographs and got released the

amount under the Scheme to the tune of Rs.40,50,000/- and the

same was misused. Based on the complaint, the police have

registered a case against the petitioner and investigated the

matter and filed the charge sheet for the offences punishable

under Sections 408, 409, 420, 471, 506 read with Section 34 of

IPC

3.

The learned counsel appearing for the petitioner

would submit that the beneficiaries have not given the complaint

and respondent No.2 was not having any locus standi to file the

complaint and also there is a delay in lodging the complaint.

Respondent No.2 having the enmity against this petitioner, he

indulged in lodging a complaint. Hence, it is a fit case to exercise

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the powers under Section 482 of Cr.P.C, to quash the

proceedings.

4.

Per contra, learned High Court Government Pleader

appearing for respondent No.1/State would submit that the

petitioner is the Secretary of the particular Sangha and he

indulged in misusing the funds which he had availed from the

Government and the amount was not given to the beneficiaries.

The statement of beneficiaries-CWs.2 to 16 was also recorded

and they made the statement before the Investigating Officer

that they have not received any benefit to the tune of

Rs.13,50,000/-, which was misused by the petitioner and there

is a material against this petitioner. Hence, it requires a trial.

5.

In reply to the arguments of learned High Court

Government Pleader appearing for respondent No.1/State, the

learned counsel for the petitioner submits that the documents

are not considered.

6.

Having heard the arguments of the respective

counsel and having perused the grounds urged in the petition,

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