P Moideen vs The State Of Karnataka
2022 Latest Caselaw 2767 Kant

                            1


 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 18TH DAY OF FEBRUARY, 2022

                         BEFORE

       THE HON'BLE MR. JUSTICE K. NATARAJAN

        CRIMINAL PETITION No.7455/2021

BETWEEN:
P. Moideen
S/o Abdul Khader,
Aged about 43 years,
R/at K.K. Puram House,
Charkala, Chengala Village,
Kasaragodu Taluk and District,
Kerala - 671 541.
                                          ...Petitioner
(By Sri. Pratheep K.C., Advocate)

AND:
1.    The State of Karnataka,
      By Puttur Rural Police Station,
      D.K. District.
      Rep. by SPP, High Court Building,
      Bangalore - 560 001.

2.    Police Sub-Inspector,
      Puttur Rural Police Station,
      Puttur Taluk,
      Dakshina Kannada District,
      PIN: 574 231.
                                       ...Respondents
(By Sri. Mahesh Shetty, HCGP for R1 & R2)
                            2


     This Criminal petition is filed under Section 482 of
Cr.P.C. praying to quash the entire proceedings in SC
No.88/2003 (CR.No.2/2002) of Puttur Rural Police
Station for the offence p/u/s 489B, 489 r/w 34 of IPC
on the file of V Additional District and Sessions Judge,
D.K., Mangaluru sitting at Puttur.


     This Criminal Petition coming on for admission,
this day, the Court made the following:


                       ORDER

Learned HCGP takes notice for respondent No.1 -

State.

2. This petition is filed by petitioner/accused

No.3 under Section 482 of the Code of Criminal

Procedure, 1973 for quashing the criminal proceedings

against the petitioner in S.C. No.88/2003 (Crime

No.2/2002) of Puttur Rural Police Station for the

offences punishable under Sections 489B and 489C

read with Section 34 of Indian Penal Code, 1860

pending on the file of V Additional District and Sessions

Judge, D. K., Mangaluru sitting at Puttur.

3. Heard the learned counsel for the petitioner

and learned High Court Government Pleader for

respondents.

4. The case of the petitioner is that on the

credible information, the police arrested accused Nos.1

and 2 as they are said to be found in possession of fake

currency notes and after arrest of the accused Nos.1

and 2, the police have seized the fake currency notes

and registered a case in FIR No.02/2002. Subsequently

during the investigation, the accused Nos.1 and 2 said

to have given the confession statement stating that

they are obtained the fake currency notes from the

present petitioner/accused No.3. Subsequently, the

present petitioner/accused No.3 has been arrested and

has recovered the fake currency notes from him and

later, the charge sheet has been filed. The accused

No.1 has been released on bail and case was committed

to the Court of Sessions in S.C. No.50/2002 and the

case against accused No.1 was tried after transferring

the case to Puttur and the case was registered as S.C.

No.5001/2017. Later a split-up case was registered

against this petitioner/accused No.3 as he was

absconding. Accordingly, the split-up case was

registered in S.C. No.88/2003. The co-accused Nos.1

and 2, who were faced trial in S.C. No.5001/2017,

found not guilty and acquitted one of the accused vide

judgment dated 08.02.2019. Hence, this petitioner is

before this Court seeking quashing the case against him

as the co-accused were already acquitted by the Court.

He also relied upon the judgment of the Hon'ble Apex

Court.

5. Looking to the facts and circumstances of

the case, it indicates that on receipt of the credible

information, the police have arrested accused Nos.1

and 2 and based on the voluntary statements of the

accused Nos.1 and 2, the present petitioner/accused

No.3 has been arrested and there was recovery of fake

currency notes to the tune of Rs.28,000/- and the

charge sheet was filed. One of the accused faced trial

and the present petitioner has not faced the trial and

now claiming for quashing the criminal proceedings

without seeking relief before the trial Court under

Section 227 of Cr.P.C.

6. In similar case, a co-ordinate bench of this

Court in Crl.P. No.932/2021 dated 24.03.2021 has

dismissed the petition directing the accused to

surrender before the trial Court and seek bail and

thereafter file application under Section 227 of Cr.P.C.

This case is one amongst the similar to that case.

7. The parties have also not produced the

entire documents marked by the prosecution and also

evidence apart from the charges framed by the trial

Court against co-accused.

8. Therefore, at this stage, this Court cannot

quash the criminal proceedings as there is no merit in

his argument. In fact, if at all any ground is available,

he shall address his arguments before the trial Court by

filing necessary application under Section 227 of Cr.P.C.

Accordingly, the criminal petition is dismissed.

However, the petitioner is directed to surrender

before the trial Court and shall be released on bail on

execution of personal bond in a sum of Rs.50,000/-

(Rupees Fifty Thousand Only) with two sureties and

also shall deposit 20% of the earlier bond amount as

penalty and thereafter, shall file an application under

Section 227 of Cr.P.C.

In view of dismissal of the main petition, the

application - I.A. No.1/2022 does not survive for

consideration. Hence, the same also stands dismissed.

Sd/-

JUDGE VBS