IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 6^TH DAY OF MARCH 2021

BEFORE

THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ

CRIMINAL PETITION NO.100073/2021

BETWEEN:

PRADEEP

S/O : MAHAVEER HOLAKI

AGE : 25 YEARS, OCC. PRIVATE SERVICE,

R/O. KOKATNOOR, OPP. TO GRBC GATE,

GOKAK, TQ. : ATHANI, DIST. BELAGAVI,

PIN CODE. 591230.

...PETITIONER

(BY SRI.: DINESH M KULKARNI, ADV.)

AND

1 .

STATE OF KARNATAKA

MARKET P.S. BELAGAVI CITY,

REP. BY ITS STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA,

DHARWAD BENCH.

2 .

THE ASSISTANT ADMINISTRATIVE OFFICER

OFFICE OF POLICE COMMISSIONER,

BELAGAVI CITY, BELAGAVI.

….RESPONDENTS

(BY SRI. PRAVEEN K. UPPAR, HCGP FOR R1 & R2)

THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,

SEEKING TO QUASH THE FIR BEARING CRIME NO.0043/2020

DATED 31/05/2020 FILED BY THE RESPONDENT NO.2 FOR AN

2

OFFENCE PUNISHABLE UNDER SECTION 420, 417, 426 OF IPC

VIDE ANNEXURE-B AS NULL AND VOID.

THIS

CRIMINAL

PETITION

COMING

ON

FOR

ADMISSION, THIS DAY, THE COURT, MADE THE FOLLOWING:

ORDER

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

quash the FIR bearing Crime No.0043/2020 registered at

Market Police Station for offences punishable under

Sections 420, 417 and 426 of IPC.

2.

Heard the learned counsel for the petitioner

and learned HCGP for respondent –State.

3.

The complaint is lodged by one K.R. Betageri

attached to the Commissionerate of Police, Belgaum city.

In the complaint, it is alleged that on 05.01.2020 a written

examination was conducted for the post of PSI (Civil) and

in the said examination the candidates who appeared for

the examination were engaged in malpractice and they

used some electronic device and in this regard the

Commissioner of Police sought a report as per order dated

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14.05.2020. Thereafter, on enquiry it was found that the

petitioner herein had appeared for the said examination

and the wrote the exam using an electronic device.

4.

It is contended by the learned counsel for the

petitioner that though it is alleged that the petitioner

herein used some electronic device, however, the said

electronic device has not been seized. He contends that

though the offence is alleged to have committed on

05.01.2020, there is an inordinate delay of nearly five

months in lodging the complaint. He contends that the

allegations are false and with an ulterior motive the

present complaint has been lodged.

5.

It is not in dispute that the investigation is

under progress. As per the complaint averments, after

verifying the CCTV footage, it was found that the present

petitioner was writing the examination using the electronic

device. It is seen that on receiving some complaints

regarding the malpractice in the examination conducted on

05.01.2020 for the post of PSI (Civil), the Commissioner of

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Police, Belgaum by his order dated 14.05.2020 directed to

check the CCTV footages of all the examination centres.

As such, after verifying the same, the present complaint

has been lodged. Hence, at this stage, delay in lodging

the complaint is not a ground to quash the proceedings.

6.

It is for the investigating agency to conduct

proper investigation and file an appropriate report. There

are no grounds made out to interfere with the investigation

of the case.

Petition is dismissed.

Sd/-

JUDGE

MNS/