M/S Devraj Urs Educational Trust vs Central Bureau Of Investigation
2023 Latest Caselaw 513 Kant

                                           -1-
                                                     CRL.P No. 12268 of 2022




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 9TH DAY OF JANUARY, 2023

                                         BEFORE

                        THE HON'BLE MR JUSTICE M.NAGAPRASANNA

                          CRIMINAL PETITION NO. 12268 OF 2022

                 BETWEEN:
Digitally signed by
PADMAVATHI B K 1.      M/S DEVRAJ URS EDUCATIONAL TRUST
Location: HIGH         FOR BACKWARD CLASSES
COURT OF               TAMAKA KOLAR
KARNATAKA
                       REP BY ITS SECRETARY,
                       G H NAGARAJA
                       S/O LATE HANUMANTHA GOWDA
                       LOCATED AT TAMAKA KOLAR
                       KARNATAKA -563 103.

                 2.    G H NAGARAJA
                       AGED ABOUT 75 YEARS,
                       S/O LATE HANUMANTHA GOWDA,
                       SECRETARY CUM FOUNDER - TRUSTEE
                       OF M/S DEVRAJ URS EDUCATIONAL
                       TRUST FOR BACKWARD CLASSES
                       R/AT PRASHANTH NAGARA,
                       MATHRU MANDIRA
                       CHIKKABALLAPURA
                       CHIKKABALAPURA DISTRICT
                       KARNATAKA - 561 208.

                                                             ...PETITIONERS

                 (BY SRI. A.S.NAGARJUNA, ADVOCATE)

                 AND:

                 CENTRAL BUREAU OF INVESTIGATION
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                                          CRL.P No. 12268 of 2022




ANTI CORRUPTION BRANCH,
NO. 36, BELLARY ROAD,
GANGANAGAR,
BANGALORE - 560 032.
REP BY ITS SPECIAL PUBLIC PROSECUTOR

                                                    ...RESPONDENT

     THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE
FOR THE PETITIONERS PRAYING THAT THIS HONOURABLE
COURT MAY BE PLEASED TO QUASH THE ENTIRE
PROCEEDINGS IN SPL.C.C.NO.1736/2021 (R.C.NO.19(A)/2017)
INITIATED AGAINST THE PETITIONERS, WHO ARE ARRAYED AS
ACCUSED NO.4 AND 5 RESPECTIVELY, FOR THE OFFENCES
P/U/S 120B R/W 420 OF IPC AND SEC.7,12,13(2) R/W
13(1)(D) OF P.C ACT PENDING N THE FILES OF THE XLVII
ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPL. JUDGE FOR
CBI CASES, BANGALORE (CCH-48).

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

                              ORDER

The petitioners are before this Court calling in question

the entire proceedings in Spl.CC No.1736/2021 (RC

No.19(A)/2017) initiated against them arraying them as

accused No. 4 and 5 respectively, for the offences punishable

under Sections 120B R/W 420 of IPC and Sections 7,12,13(2)

R/W 13(1)(D) of P.C Act, pending on the file of the XLVII Addl.

City Civil and Sessions Judge and Spl. Judge for CBI Cases,

Bangalore (CCH-48).

CRL.P No. 12268 of 2022

2. This Court in Crl.P.No.3363/2022 concerning to

accused No.3 has passed the following order:

"2. The petitioner is before this Court calling in question the proceedings in Spl.C.C.No.1736/2022 arising out of R.C.No.19(A)/2017 pending before the XLVII Additional City Civil and Sessions Judge Special Judge for CBI cases, Bengaluru for the offences punishable under Sections 120B read with Section 420 of IPC and Sections 7, 12, 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988.

3. The petitioner a professor working in the State of Maharashtra becomes a part of the inspecting team, which was directed to inspect Devaraj Urs Medical College at Kolar on 22.08.2016 by the Medical Council of India (MCI) with regard to allocation of seats. On 30.09.2017, a case is registered by the CBI in R.C.No.19(A)/2017 against accused Nos.1 to 6. The petitioner was accused No.3 in the said crime.

4. The CBI after investigation, files a closure report finding no allegations against any of the accused on 18.01.2019. The learned Special Judge on 19.07.2019 rejects the 'B' report and directs to conduct further investigation by the CBI. The respondent - CBI on conduct of further investigation, filed another closure report on 31.03.2021, the second closure report was also opining that there was no evidence against any of the accused for conduct of further proceedings and sought to drop the charges against all the accused.

5. The learned Special Judge by his order dated 11.10.2021 rejects the second report also and takes cognizance of the offences under Sections 120B read with Section 420 of IPC and Sections 7, 12, 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988. It is this order of the learned Special judge of taking cognizance that is what drives the petitioner to this Court.

6. The learned counsel appearing for the petitioner would submit that the petitioner was only a part of the

CRL.P No. 12268 of 2022

inspecting team and no allegations are made against the petitioner and therefore, further proceedings, if permitted to continue would become an abuse of process of law.

7. The learned counsel representing the CBI would support his investigation and filing of the final report not once but twice but leaves it to the discretion of the Court to pass an appropriate orders

8. I have given my anxious consideration to the contentions of respective learned counsel and have perused the material on record.

9. The afore-narrated facts are not in dispute. The first 'B' report filed by the CBI came to be rejected by the learned Special Judge by directing further investigation. The result of the further investigation was again filing of the very same closure report on the score that there was no evidence to point at any of the allegations against any of the accused and therefore, sought the proceedings to be closed.

10. Second time, again the learned Special Judge rejects the 'B' report and takes cognizance for the very same offences that were earlier taken.

11. In the light of the CBI filing 'B' report, which is in great detail, wherein no allegations against the petitioner could be proved, due to lack of evidence. Permitting further proceedings to continue in the peculiar facts of this case, would be an exercise in futility and therefore, proceedings are required to be interjected by appropriate interference at the hands of this Court in exercise of jurisdiction under Section 482 of Cr.P.C., failing which it would become an abuse of process of law and result in miscarriage of justice."

and concerning to accused No.2 in Crl.P.No.6157/2022

has passed the following order:

"3.Learned Senior counsel would submit that the issue in the lis stands covered by the judgment rendered by this Court in Crl.P.No.3363/2022 dated 04.07.2022, wherein

CRL.P No. 12268 of 2022

this Court in the petition arising out of the same crime has held as follows:

"2. The petitioner is before this Court calling in question the proceedings in Spl.C.C.No.1736/2022 arising out of R.C.No.19(A)/2017 pending before the XLVII Additional City Civil and Sessions Judge Special Judge for CBI cases, Bengaluru for the offences punishable under Sections 120B read with Section 420 of IPC and Sections 7, 12, 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988.

3. The petitioner a professor working in the State of Maharashtra becomes a part of the inspecting team, which was directed to inspect Devaraj Urs Medical College at Kolar on 22.08.2016 by the Medical Council of India (MCI) with regard to allocation of seats. On 30.09.2017, a case is registered by the CBI in R.C.No.19(A)/2017 against accused Nos.1 to 6. The petitioner was accused No.3 in the said crime.

4. The CBI after investigation, files a closure report finding no allegations against any of the accused on 18.01.2019. The learned Special Judge on 19.07.2019 rejects the 'B' report and directs to conduct further investigation by the CBI. The respondent - CBI on conduct of further investigation, filed another closure report on 31.03.2021, the second closure report was also opining that there was no evidence against any of the accused for conduct of further proceedings and sought to drop the charges against all the accused.

5. The learned Special Judge by his order dated 11.10.2021 rejects the second report also and takes cognizance of the offences under Sections 120B read with Section 420 of IPC and Sections 7, 12, 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988. It is this order of the learned Special judge of taking cognizance that is what drives the petitioner to this Court.

CRL.P No. 12268 of 2022

6. The learned counsel appearing for the petitioner would submit that the petitioner was only a part of the inspecting team and no allegations are made against the petitioner and therefore, further proceedings, if permitted to continue would become an abuse of process of law. - 4 - CRL.P No. 6157 of 2022.

7. The learned counsel representing the CBI would support his investigation and filing of the final report not once but twice but leaves it to the discretion of the Court to pass an appropriate orders.

8. I have given my anxious consideration to the contentions of respective learned counsel and have perused the material on record.

9. The afore-narrated facts are not in dispute. The first 'B' report filed by the CBI came to be rejected by the learned Special Judge by directing further investigation. The result of the further investigation was again filing of the very same closure report on the score that there was no evidence to point at any of the allegations against any of the accused and therefore, sought the proceedings to be closed.

10. Second time, again the learned Special Judge rejects the 'B' report and takes cognizance for the very same offences that were earlier taken.

11. In the light of the CBI filing 'B' report, which is in great detail, wherein no allegations against the petitioner could be proved, due to lack of evidence. Permitting further proceedings to continue in the peculiar facts of this case, would be an exercise in futility and therefore, such proceedings are required to be interjected by appropriate interference at the hands of this Court in exercise of jurisdiction under Section 482 of Cr.P.C., failing which it would become an abuse of process of law and result in miscarriage of justice.

12. For the aforesaid reasons, the following:

ORDER

CRL.P No. 12268 of 2022

i. Criminal Petition is allowed.

ii. Proceedings in Spl.C.C.No.1736/2021 arising out of R.C.No.19(A)/2017 pending on the file of the XLVII Additional City Civil and Sessions Judge and Special Judge for CBI cases, Bengaluru, stand quashed."

4. The facts being the same and the crime being the same, the petitioner would be entitled to the same benefit that is granted to the co-accused in the aforesaid case.

5. For the aforesaid reasons, the following:

ORDER

I. Criminal Petition is allowed.

II. Proceedings pending in Spl.C.C.No.1736/2021 before the XLVII Additional City Civil and Sessions Judge and Special Judge for CBI Cases, Bengaluru, stands quashed qua the petitioner.

3. The petitioners in the case on hand are accused No.4

and 5 and in the above orders passed by this Court, qua,

accused 2 and 3 and the allegations being similar to the

allegations that were alleged against accused Nos. 2 and 3, I

deem it appropriate to follow the aforesaid orders and quash

the proceedings against the petitioners for the aforesaid

offences.

4. Hence, the following:

CRL.P No. 12268 of 2022

ORDER

I. Criminal Petition is allowed.

II. Proceedings pending in Spl.C.C.No.1736/2021 (RC No.19(A)/2017) before the XLVII Additional City Civil and Sessions Judge and Special Judge for CBI Cases, Bengaluru, stands quashed qua the petitioners.

Sd/-

JUDGE

tsn*