Veena D/O Kallanagouda Saunshi vs The State Of Karnataka
2024 Latest Caselaw 5124 Kant

Karnataka High Court

Veena D/O Kallanagouda Saunshi vs The State Of Karnataka on 20 February, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

                                                -1-
                                                       NC: 2024:KHC-D:4073
                                                       CRL.P No. 100591 of 2024




                              IN THE HIGH COURT OF KARNATAKA,
                                       DHARWAD BENCH

                          DATED THIS THE 20TH DAY OF FEBRUARY, 2024

                                              BEFORE

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

                            CRIMINAL PETITION NO.100591 OF 2024

                   BETWEEN:

                   1.   VEENA D/O. KALLANAGOUDA SAUNSHI
                        AGE: 34 YEARS, OCC: DATA ENTRY OPERATOR,
                        TAHASILDAR OFFICE, SHIGGAON,
                        R/O: KOTTIGERI ONI, BANKAPUR,
                        TQ: SHIGGAON, DIST: HAVERI.

                   2.   VEERAYYA S/O. ISHWARAYYA
                        MANAKATTIMATH,
                        AGE: 36 YEARS,
                        OCC: DATA ENTRY OPERATOR,
                        TAHASILDAR OFFICE, SHIGGAON,
                        R/O: JAKKANAKATTI ROAD,
                        RAJEEV NAGAR, TQ: SHIGGAON,
                        DIST: HAVERI.
                                                                     ...PETITIONERS
                   (BY SRI.SHRIHARSH A.NEELOPANT, ADVOCATE)
MANJANNA
E
                   AND:
Digitally signed
by MANJANNA E
Date: 2024.02.22
14:21:25 +0530     1.   THE STATE OF KARNATAKA
                        REP. BY POLICE INSPECTOR,
                        SHIGGAON POLICE STATION,
                        SHIGGAON-581205,
                        TQ: SAVANUR, DIST: HAVERI.
                        THROUGH THE STATE PUBLIC PROSECUTOR,
                        HIGH COURT OF KARNATAKA,
                        BENCH AT DHARWAD.

                   2.   THE ASSISTANT COMMISSIONER
                        SAVANUR SUB DIVISION, AT: SAVANUR-581118,
                        TQ: SAVANUR, DIST: HAVERI.
                                                                    ...RESPONDENTS
                   (BY SRI.P.N.HATTI, HCGP)
                                -2-
                                     NC: 2024:KHC-D:4073
                                     CRL.P No. 100591 of 2024




      THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING
TO QUASH THE IMPUGNED COMPLAINT AND FIR IN SHIGGAON P.S.
CRIME NO.22/2020 REGISTERED BY THE 1ST RESPONDENT POLICE FOR
THE OFFENCES P/U/S 406, 408, 409, 420, 468 OF INDIAN PENAL CODE
AND SECTION 66 AND 66(c) OF INFORMATION TECHNOLOGY ACT (HERE
AFTER IN SHORT REFERRED TO AS IPC AND IA) ON THE FILE OF PRL.
CIVIL JUDGE (JR. DN) AND JMFC, SHIGGAON AS PER ANNEXURE-A AND
B RESPECTIVELY AGAINST THE PRESENT PETITIONERS.

     THIS CRIMINAL PETITION COMING ON FOR ORDERS, 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:4073

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

petitioner are quashed.

Sd/-

JUDGE EM/CT:BCK