Shri Santosh S Malawad vs The State Of Karnataka
2024 Latest Caselaw 4990 Kant

Karnataka High Court

Shri Santosh S Malawad vs The State Of Karnataka on 19 February, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

                                                     -1-
                                                            NC: 2024:KHC-D:3885
                                                            CRL.P No. 100545 of 2024




                                IN THE HIGH COURT OF KARNATAKA,
                                        DHARWAD BENCH

                           DATED THIS THE 19TH DAY OF FEBRUARY, 2024

                                                   BEFORE

                           THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA

                             CRIMINAL PETITION NO.100545 OF 2024

                      BETWEEN:

                      1.   SHRI SANTOSH S MALAWAD
                           AGE 39 YEARS, OCC VILLAGE ACCOUNTANT
                           R/O OFFICE OF TAHASILDAR, SHIGGAON
                           PRESENTLY TAHASILDAR OFFICE
                           HANGAL 581104, TQ HANGAL, DIST HAVERI.

                      2.   SHRI. VENKATESH S/O. NEMAPPA LAMANI
                           AGE. 28 YEARS, OCC. VILLAGE ACCOUNTANT SAVANUR,
                           R/O. NELOGAL-582116,
                           TQ.LAXMESHWAR, DIST.GADAG.
                                                                     ...PETITIONERS
                      (BY SRI. SHRIHARSH A NEELOPANT, ADVOCATE)

                      AND:
         Digitally
         signed by
         MANJANNA
MANJANNA E
                      1.   THE STATE OF KARNATAKA
E        Date:
         2024.02.20
         12:02:19
         +0530
                           REP BY POLICE INSPECTOR
                           SAVANUR POLICE STATION
                           SAVANUR 581104
                           TQ SAVANUR, DIST HAVERI
                           THROUGH THE STATE PUBLIC PROSECUTOR
                           HIGH COURT OF KARNATAKA
                           BENCH AT DHARWAD.

                      2.   THE ASSISTANT COMMISSIONER
                           SAVANUR, SUB-DIVISION
                           SAVANUR 581118
                           TQ SAVANUR, DIST HAVERI.
                                                                      ...RESPONDENTS
                      (BY SRI. P.N. HATTI, HCGP)
                               -2-
                                    NC: 2024:KHC-D:3885
                                    CRL.P No. 100545 of 2024




      THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO QUASH THE IMPUGNED CRIMINAL PROCEEDINGS IN CC
NO.349/2023 (SAVANUR P.S CRIME NO.0029/2020) FOR THE
OFFENCES PUNISHABLE U/S 420, 166 OF IPC AND SECTION 66 AND
66(c) OF INFORMATION TECHNOLOGY ACT PENDING ON THE FILE OF
CIVIL JUDGE AND JMFC, SAVANUR AS PER ANNEXURE-A AGAINST
THE PRESENT PETITIONER/ACCUSED NO.2 RESPECTIVELY IN THE
ENDS OF JUSTICE.

    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.

NC: 2024:KHC-D:3885

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

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

petitioners are quashed.

Sd/-

JUDGE

VNP