Mohammad Abdul Parvez And Anr vs The State Of Karnataka
2021 Latest Caselaw 6154 Kant

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        IN THE HIGH COURT OF KARNATAKA
               KALABURAGI BENCH

   DATED THIS THE 15TH DAY OF DECEMBER 2021

                       BEFORE

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

       CRIMINAL PETITION No.201435/2021


BETWEEN:

1. SRI MOHAMMAD ABDUL PARVEZ
   S/O MOHAMMAD P.I. ABDUL
   AGED ABOUT 23 YEARS
   R/@ NO.3-1-89, PANSAL TALEEM
   BIDAR-585401

2. SRI IMRAN SHAIK @
   SHEIK IFTHIAK AHMAD
   S/O SRI SHAIK KAJA MOINUDDIN
   AGED ABOUT 28 YEARS
   R/@ NO.19-2-11/164-A
   BILAL NAGAR, BAHADURPURA
   HYDERABAD-500064
                                     ... PETITIONERS
(BY SRI MOHAMMED AKHIL &
 SRI S. RAGHUNATHA GOWDA BIJOY H., ADVOCATES)

AND:

THE STATE OF KARNATAKA
GANDHI GUNJ POLICE STATION
BIDAR DISTRICT, REPRESENTED BY
ADDL. PUBLIC PROSECUTOR
DISTRICT COURT BUILDINGS
KALABURAGI-585103
                                     ... RESPONDENT

(BY SRI GURURAJ V. HASILKAR, HCGP)
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     THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CRIMINAL PROCEDURE CODE, PRAYING TO ALLOW THIS
PETITION AND TO QUASH ALL THE ENTIRE PROCEEDINGS IN
C.C.NO.1851/2019      ARISING       OUT    OF      CRIME    NO.122/2019
UNDER SECTIONS 379 AND 420 OF IPC, PENDING ON THE FILE
OF   THE   PRINCIPAL        CIVIL   JUDGE     AND     JMFC-II,    BIDAR,
PERTAINING TO GANDHI GUNJ POLICE STATION, BIDAR.


      THIS PETITION COMING ON FOR ADMISSION THIS DAY,
THE COURT MADE THE FOLLOWING:


                              ORDER

Heard the learned counsel appearing for the

petitioners and the learned High Court Government

Pleader appearing for the respondent-State.

2. This petition is filed under Section 482 of

Cr.P.C., paying this Court to quash the entire proceedings

in C.C.No.1851/2019 arising out of Crime No.122/2019 of

Gandhi Gunj Police Station, Bidar, for the offences

punishable under Sections 379 and 420 of IPC, pending on

the file of Principal Civil Judge and JMFC-II, Bidar.

3. Factual matrix of the case is that on

09.07.2019, the Police Inspector, D.S.B. Unit, Bidar, on

receipt of credible information, conducted raid and found

petitioner No.1 had opened 127 bank accounts in Axis

Bank Limited and was transacting without the knowledge

of the respective persons in whose name those accounts

are opened and also seized 120 passbooks of different

customers pertaining to Axis Bank, Cheque Books,

information regarding Debit Cards and information in

respect of PIN numbers and photocopies of Aadhar cards.

The Police Inspector after effecting seizure, registered the

case, investigated the matter and filed chargesheet. Now

the prosecution has examined some of the witnesses

before the trial Court. At this juncture, the petitioners have

approached this Court under Section 482 of Cr.P.C.,

4. The main contention of the learned counsel

appearing for the petitioners is that the witnesses who

have been examined before the Trial Court have not

supported the case of the prosecution. He submits that

facing the trial based on the false case is nothing but an

abuse of process and if the proceedings are continued, it

would lead to miscarriage of justice.

The learned counsel in support of his arguments has

relied upon the judgment of the Hon'ble Apex Court in the

case of Thesima Begam and Anr., vs. The State of

Tamil Nadu Rep. by the Inspector of Police and Ors.,

in Criminal Appeal No.573/2018 disposed of on

02.04.2018 wherein the Hon'ble Apex Court held that the

defacto complainant herself stated in her statement that

she had implicated the appellants therein out of anger and

as far as they are concerned, they had no role in the

family dispute and they were not party in making any

demand of dowry and taking into account the said

statement, the Hon'ble Apex Court invoked Section 482 of

Cr.P.C., to quash the proceedings. The learned counsel

submits that, in the case on hand also, some of the

witnesses have turned hostile and not supported the case

of the prosecution. Hence, it requires interference of this

Court under Section 482 of Cr.P.C.

5. Per contra, the learned High Court

Government Pleader appearing for the respondent-State

would submit that on receipt of credible information when

raid was conducted, the police found 120 passbooks of

different customers and 127 accounts were opened in the

name of general public and the petitioners were using the

same for cheating the general public and the same were

seized. The trial has already been commenced. The

question as to whether the prosecution is able to prove the

charges levelled against the accused has to be considered

only on appreciation of the evidence on record. This Court

sitting under Section 482 of Cr.P.C., cannot appreciate the

disputed facts. Hence, no grounds are made by the

petitioners to invoke Section 482 of Cr.P.C.

6. Having heard the learned counsel appearing

for the petitioners and the learned High Court Government

Pleader appearing for the respondent-State, admittedly,

the trial has already been commenced and some of the

witnesses have been examined. No doubt, some of the

witnesses who have been examined by the prosecution

have turned hostile. However, PWs.10 to 16 have

supported the case of the prosecution. The principles laid

down by the Hon'ble Apex Court in the judgment referred

by the learned counsel for the petitioners is not applicable

to the case on hand. In the said case the complainant

herself has stated in her statement that out of anger she

made allegation against the accused. But the factual

aspects of the case on hand is different from the factual

aspects in which the Hon'ble Apex Court invoked Section

482 of Cr.P.C. In the present case, raid was conducted and

found 127 accounts were opened in the bank and 120

passbooks were seized which are in the name of different

persons. The allegations are that petitioners herein were

transacting in the name of such persons. When such

serious allegations are made, ingredients of Sections 379

and 420 of IPC are invoked. The trial has already been

commenced and some of the witnesses have supported the

case of the prosecution. Therefore, it is not a fit case to

exercise power under Section 482 of Cr.P.C. This Court

cannot invoke Section 482 of Cr.P.C., to appreciate the

evidence already led before the Trial Court and the Trial

Court has to appreciate the evidence and find out as to

whether the prosecution is able to prove the charges

levelled against the petitioners herein. The disputed

questions cannot be decided in a proceeding under Section

482 of Cr.P.C., and appreciate the evidence already led

before the trial Court. I do not find any merit in the

petition to invoke Section 482 of Cr.P.C., to quash the

proceedings.

7. In view of the discussions made above, I pass

the following:

ORDER

The petition is dismissed.

In view of disposal of the main petition,

I.A.No.2/2021 for stay does not survive for consideration

and accordingly, it is disposed of.

Sd/-

JUDGE

NB*