Shri Santosh S Malawad vs The State Of Karnataka
2024 Latest Caselaw 4823 Kant

Karnataka High Court

Shri Santosh S Malawad vs The State Of Karnataka on 16 February, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

                                                  -1-
                                                         NC: 2024:KHC-D:3734
                                                         CRL.P No. 100515 of 2024




                             IN THE HIGH COURT OF KARNATAKA,
                                     DHARWAD BENCH
                        DATED THIS THE 16TH DAY OF FEBRUARY, 2024
                                                BEFORE
                        THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA
                          CRIMINAL PETITION NO. 100515 OF 2024
                   BETWEEN:

                   SHRI. SANTOSH S. MALAWAD,
                   AGE. 39 YEARS, OCC. VILLAGE ACCOUNTANT,
                   R/O. OFFICE OF TAHASILDAR, SHIGGAON,
                   PRESENTLY TAHASHILDAR OFFICE,
                   HANGAL-581104, TQ. HANGAL,
                   DIST. HAVERI.
                                                                     ... PETITIONER
                   (BY SRI. SHRIHARSH A. NEELOPANT, ADVOCATE)

                   AND:

                   1.   THE STATE OF KARNATAKA,
                        REP BY POLICE INSPECTOR,
                        HAVERI RURAL POLICE STATION,
                        HAVERI-581110, TQ/DIST. HAVERI,
                        THROUGH THE STATE PUBLIC PROSECUTOR,
                        HIGH COURT OF KARNATAKA,
MANJANNA
E
                        BENCH AT DHARWAD.
Digitally signed
by MANJANNA E
Date: 2024.02.16
                   2.   THE ADDITIONAL DEPUTY COMMISSIONER,
15:00:45 +0530
                        HAVERI DISTRICT, HAVERI-581110,
                        TQ/DIST. HAVERI.
                                                                   ... RESPONDENTS
                   (BY SRI. P.N. HATTI, HCGP)

                         THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
                   SEEKING TO QUASH THE IMPUGNED COMPLAINT AND FIR IN HAVERI
                   RURAL P.S. CRIME NO.27/2020 REGISTERED BY THE 1ST
                   RESPONDENT POLICE FOR THE OFFENCES PUNISHABLE U/S 406,
                   408, 409, 420, 465 OF IPC ON THE FILE OF PRL.CIVIL JUDGE
                   (JR.DN) AND JMFC HAVERI, AS PER ANNEXURE-A AND B
                   RESPECTIVELY AGAINST THE PRESENT PETITIONER/ACCUSED NO.2.
                               -2-
                                    NC: 2024:KHC-D:3734
                                    CRL.P No. 100515 of 2024




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

                          ORDER

1. In the Crl.P.No.102196/2023 and connected

matters this Court while dealing with more or less an

identical complaint had quashed the proceedings on the

ground that the complaint did not indicate that the

petitioners therein had misappropriated any sums which

was meant for payment to the persons who were affected

by the floods.

2. It was also noticed therein that the

complainant, fundamentally requested the police inspector

to conduct enquiry and that by itself indicated that the

complainant was not making any specific averments of any

crime may be committed by the petitioners.

3. In the light of the above said judgment, since in

the impugned proceedings also, the complaint is more or

less of the same nature is not verbatim similar, the

NC: 2024:KHC-D:3734

principles laid down in the said decision will apply and the

proceedings would therefore stand vitiated.

4. Accordingly, the criminal petition is allowed and

consequently the proceedings initiated against the

petitioner are quashed.

Sd/-

JUDGE

VNP*/CT:BCK