IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 2^ND DAY OF DECEMBER 2021

BEFORE

THE HON’BLE MR. JUSTICE H.P.SANDESH

CRIMINAL PETITION No.201489/2021

BETWEEN:

RAMESH

S/O GANESH SANGA

AGE: 37 YEARS

OCC: DISTRICT OFFICER

BACKWARD CLASSES & WELFARE DEPARTMENT

KALABURAGI - 585 102

(PETITIONER IS ARRAYED AS SOLE ACCUSED AS PER THE

PRIVATE COMPLAINT)

...PETITIONER

(BY SRI VILASKUMAR MARTHAND RAO, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA

THROUGH THE SHO

STATION BAZAR PS

KALABURAGI

REP. BY THE ADDL. STATE PUBLIC PROSECUTOR

HIGH COURT OF KARNATAKA

KALABURAGI BENCH

KALABURAGI - 585 102

2. POOJYA SHRI SIDDHALINGA SWAMIJI

AGE: MAJOR

2

OCC: PONTIFF (PEETHADHIKARI)

K. KARNESHWAR MATH

R/O ANDOLA VILLAGE, TQ: JEWARAGI

DIST: KALABURAGI - 585 303

...RESPONDENTS

(BY SRI SHARANABASAPPA M PATIL, HCGP FOR R1;

SRI RAMACHANDRA K, ADVOCATE FOR R2)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482

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

REFERENCE DT.30.07.2021 U/S. 156(3) OF CR.P.C FOR

INVESTIGATION

AND

FILING

OF

FINAL

REPORT

TO

RESPONDENT NO.1/POLICE STATION IN PCR NO.430/2021

BY THE PRINCIPAL CIVIL JUDGE AND JMFC, KALABURAGI

FOR THE OFFENCES PUNISHABLE U/S.417, 420, 426, 409 OF

IPC AND ETC.

THIS PETITION COMING ON FOR ADMISSION THIS DAY,

THE COURT MADE THE FOLLOWING:

O R D E R

Heard the learned counsel appearing for the

petitioner and the learned HCGP appearing for the State

and the learned counsel appearing for the second

respondent.

2.

This petition is filed under Section 482 of

CR.P.C praying this court to set aside the order of

reference dated 30.07.2021 under Section 156(3) of

Cr.P.C for investigation in PCR No.430/2021 for the

3

offences punishable under Sections 417, 420, 426, 409 of

IPC.

3.

The factual matrix of the case is that the

second respondent herein has filed a private complaint

before the Principal Civil Judge and JMFC at Kalaburagi in

PCR No.430/2021 and the learned Magistrate on receipt of

the complaint referred the matter under Section 156(3) of

Cr.P.C. The allegation made in the complaint is that the

complainant is the religious Peetadhikari of Karneshwar

Math is discharging social services and also religious

functions in the village surrounding the Math and also in

Jewargi taluk and Aland taluk. The complainant has

received the information from the villagers as against the

accused

person

in

respect

of

misappropriation

of

Government fund regarding the construction of Samudaya

Bhavan in Aland taluk for estimated cost of Rs.1 crore.

The accused has sanctioned the amount of Rs.25 lakh of

first installment for the construction of Lingayat Samudaya

Bhavan in Aland taluk. At the time of sanction of second

4

installment of Rs.50 lakh, the Veerashiva Maha Sabha

Trust demanding the accused for further construction of

Lingayat Samudaya Bhavan. That on 13.12.2019 the

accused and the extension officer visited the spot. It

reveals that the Secretary of Veerashiva Maha Sabha Trust

one Babu Rao MAdda misappropriated first installment

amount and he was misutilised the same instead of

constructing Samudaya Bhavan, he has constructed a

commercial complex in the spot and hence, the allegation

is made in the complaint that there was a misappropriation

of the amount. It is also contended in the complaint that

the representation was given to take action against the

accused person for committal of the offence under Section

420 of IPC contending that the first installment of Rs.25

lakh and second installment of Rs.50 lakh was misutilised

and

misappropriated

and

thereby

cheated

the

Government. The complainant personally approached the

Superintendent of Police, Kalaburagi, Commissioner of

Police, Kalaburagi and Sub Inspector of Police, Bazar Police

5

Stattion, Kalaburagi, but there was no response from the

police department and hence, the complaint is filed.

4.

The counsel appearing