Sri N R Ramakrishna vs State Of Karnataka
2021 Latest Caselaw 1485 Kant

Citation : 2021 Latest Caselaw 1485 Kant
Judgement Date : 29 January, 2021

Karnataka High Court

Sri N R Ramakrishna vs State Of Karnataka on 29 January, 2021

Author: H.P.Sandesh

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 29TH DAY OF JANUARY, 2021

                         BEFORE

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

             CRIMINAL PETITION No.7885/2020

BETWEEN:

1.   SRI. N.R. RAMAKRISHNA
     LATE S/O. RAMAIAH
     AGED ABOUT 80 YEARS

2.   LAKSHMINARAYANA N.R.
     S/O. RAMAKRISHNA N.R.
     AGED ABOUT 49 YEARS

3.   NAVYA
     W/O LAKSHMINARAYAN N R
     AGED ABOUT 30 YEARS

     PETITIONER Nos.1 TO 3 ARE
     RESIDING AT NO.40, MICO LAYOUT
     1ST CROSS, 2ND STAGE
     2ND PHASE, WEST OF CORD ROAD
     MAHALAKSHMI LAYOUT
     BENGALURU - 560 086.

4.   PARAMESH N R
     S/O RAMAKRISHNA N R
     AGED ABOUT 40 YEARS

5.   SUBHASHINI
     W/O PARAMESH N R
     AGED ABOUT 39 YEARS
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       PETITIONER Nos.4 AND 5 ARE
       RESIDING AT No.7 and 8
       KAREGUDDAHALLI
       CHIKKABANAVARA
       BENGALURU-90.

6.     P. KRISHNAIAH
       S/O LATE PUTTAIAH
       AGED ABOUT 42 YEARS
       RESIDING AT 48
       NEAR ABHILASHA ELECTRICAL SERVICE
       BEHIND MALLEASH BAR
       LAGGERE
       BENGALURU - 58.                         ... PETITIONERS

                (BY SRI. USMAN P., ADVOCATE)

AND:

1.     STATE OF KARNATAKA
       BY KOLALA POLICE STATION
       KORATAGERE CIRCLE
       TUMKURU DISTRICT
       REPRESENTED BY S.P.P.
       HIGH COURT BUILDINGS
       BENGALURU - 560 001.

2.     PRAKESH N.R.
       S/O. RAMAKRISHNA N.R.
       R/AT NAGENAHALLI
       KOLALA HOBLI
       KORATAGERE TALUK
       TUMAKURU DISTRICT - 572 129.        ... RESPONDENTS

            (BY SMT. NAMITHA MAHESH B.G., HCGP)

     THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C. PRAYING TO QUASH THE IMPUGNED ORDER DATED
15.02.2020 PASSED IN PCR No.12/2020 ON THE FILE OF THE
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LEARNED CIVIL JUDGE (JMFC) KORATAGERE AND THE
CONSEQUENT FIR REGISTERED IN CR.NO.35/2020 BY THE
FIRST RESPONDENT FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 417, 418, 419, 420, 463, 464, 465, 468, 469 READ
WITH SECTION 34 OF IPC.

     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, praying

this Court to quash the order dated 15.02.2020 Passed in PCR

No.12/2020 on the file of Civil Judge (JMFC) Koratagere and the

consequent FIR registered in Crime No.35/2020 by the first

respondent-State for the offences punishable under Sections

417, 418, 419, 420, 463, 464, 465, 468, 469 read with Section

34 of IPC.

2. The factual matrix of the case is that respondent

No.2 herein had filed a complaint before the learned Magistrate

and the same is numbered as PCR No.12/2020. The learned

Magistrate after receiving the complaint passed an order to refer

the matter under Section 156(3) of Cr.P.C. Hence, the present

petition is filed.

3. Learned counsel appearing for the petitioners would

submit that the learned Magistrate has not applied his mind

while referring the matter under Section 156(3) of Cr.P.C, and

mechanically passed the order for investigation and it requires

an interference of this Court.

4. Learned High Court Government Pleader after taking

the notice would submit that the learned Magistrate has applied

his mind and passed the order.

5. Heard the submissions of the respective counsel. The

order passed by the learned Magistrate on 15.2.2020, reads as

under:

"This complaint is filed by complainant against accused for the offences punishable under Sections 417, 418, 419, 420, 463, 464, 465, 468 and 469 read with Section 34 of IPC.

This complainant is heard and perused records.

It is alleged that accused persons have intentionally cheated the complainant by creating the Will by forging the signature of the mother of complainant. That there was difference in the family as the complainant has married to women of another caste. On perusal of the records, this Court is of the opinion that the investigation is necessary for proceedings against the accused. Hence, I proceed to pass the following:

ORDER

This case is referred to jurisdictional police for the purpose of investigation under Section 156(3) of Cr.P.C. and submit report.

Issue intimation to jurisdictional police accordingly.

Await Final report.

Call on: 31.03.2020."

6. Having perused the order dated 15.2.2020, referring

the matter under Section 156(3) of Cr.P.C, the learned

Magistrate in the order specifically mentions that the allegation

is that the accused persons have cheated the complainant by

creating the will by forging the signature of the mother of the

complainant. It is also noticed that there was a difference in the

family as the complainant has married to a woman belonging to

another caste. On perusal of the records, this Court is of the

opinion that the investigation is necessary for proceedings

against the accused. Having perused the order, the learned

Magistrate looked into the contents of the complaint and also the

materials on records applied his judicious mind and passed the

order.

7. This Court cannot find fault with the order passed by

the learned Magistrate. The Apex Court in the judgment in the

case of HDFC SECURITIES LTD. AND OTHERS v. STATE OF

MAHARASHTRA AND ANOTHER reported in AIR 2017 SC 61,

held that, while invoking Section 156(3) of Cr.P.C, it will not

amount to directing investigation not causing an injury of

irreparable nature and the same cannot be quashed at a

premature stage. Paragraph No.24 of the said judgment reads as

follows:

"24. It appears to us that the appellants approached the High Court even before the stage of issuance of process. In particular, the appellants challenged the order dated 04.01.2011 passed by the learned Magistrate under Section 156(3) of Cr.P.C. The learned counsel appearing on behalf of the appellants after summarizing their arguments in the matter have emphasized also in the context of the fundamental rights of the appellants under the Constitution, that the order impugned has caused grave inequities to the appellants. In the circumstances, it was submitted that the order is illegal and is an abuse of the process of law. However, it appears to us that this order under Section 156(3) of Cr.P.C. requiring investigation by the police, cannot be said to have caused an injury of irreparable nature which, at this stage, requires quashing of the investigation. We must keep in our mind that the stage of cognizance would arise only after the investigation report is filed before the Magistrate. Therefore, in our opinion, at this stage the High Court has correctly assessed the facts and the law in this situation and held that filing of the petitions under Article 227 of the Constitution of India or under Section 482 of Cr.P.C., at this stage are nothing but premature.

Further, in our opinion, the High Court correctly came to the conclusion that the inherent powers of the Court under Section 482 of Cr.P.C. should be sparingly used. In these circumstances, we do not find that there is any flaw in the impugned order or any illegality has been committed by the High Court in dismissing the petitions filed by the appellants before the High Court. Accordingly, we affirm the order so passed by the High Court dismissing the writ petitions. The appeal is dismissed."

8. Having considered the principles laid down in the

judgment in HDFC SECURITIES LTD.'s case (supra),

particularly in paragraph No.24 of the Judgment, it is clear that

while exercising powers under Section 482 of Cr.P.C., with

regard to quashing of FIR, the Court should exercise the powers

under Section 482 of Cr.P.C., sparingly.

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

following: