Karnataka High Court
Narendra And Ors vs The State Of Karnataka on 27 January, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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CRL.P No. 201262 of 2024
C/W CRL.P No. 201398 of 2024
CRL.P No. 201522 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 27TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO.201262 OF 2024
(482(Cr.PC)/528(BNSS))
C/W
CRIMINAL PETITION NO.201398 OF 2024
(482(Cr.PC)/528(BNSS))
CRIMINAL PETITION NO. 201522 OF 2024
(482(Cr.PC)/528(BNSS))
IN CRL.P.NO.201262/2024:
BETWEEN:
BHEEMRAYA S/O MARKHANDAPPA MASALI,
AGE: 32 YEARS, OCC: DEPUTY DIRECTOR OF FOOD
AND CIVIL SUPPLIES AND CONSUMER
Digitally signed AFFAIRS DEPARTMENT,
by SHIVAKUMAR YADGIR, DIST. YADGIR -585201.
HIREMATH
Location: HIGH ...PETITIONER
COURT OF
KARNATAKA (BY SRI V. M. SHEELVANT AND
SRI SATISH KUMAR D. GADKAR, ADVOCATES)
AND:
STATE OF KARNATAKA,
REPRESENTED ITS INSPECTOR,
SHAHAPUR POLICE STATION,
SHAHAPUR - 585223,
DIST. YADGIR.
REPRESENTED BY ADDL. SPP,
HIGH COURT OF KARNATAKA,
KALABURAGI BENCH.
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CRL.P No. 201262 of 2024
C/W CRL.P No. 201398 of 2024
CRL.P No. 201522 of 2024
...RESPONDENT
(BY SRI SIDDALING P. PATIL, ADDL. SPP)
THIS CRL.P IS FILED U/S.482 OF CR.P.C(OLD) / U/SEC.
528 OF BNSS ACT (NEW) PRAYING TO QUASH THE ENTIRE
PROCEEDINGS AGAINST THE PETITIONER IN CC NO.
3096/2023 (CRIME NO. 247/2023) PENDING IN THE FILE OF
CIVIL JUDGE AND JMFC SHAHAPUR AT YADGIR REGISTERED
FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 409, 420,
120(B), 506 R/W 149 OF IPC AND U/S. 3 AND 7 OF E.C ACT.
AND GRANT SUCH OTHER RELIEFS AS DEEMED FIT IN THE
CIRCUMSTANCES OF THE CASE AND.
IN CRL.P.NO.201398/2024:
BETWEEN:
MANIKANTH S/O NARENDRA RATHOD,
AGED ABOUT 27 YEARS,
OCC: BUSINESS (POLITICIAN),
R/AT. B.G. BHARAT PRIDE APARTMENT,
HUMNABAD ROAD, GUNJ AREA,
KALABURAGI-585102.
...PETITIONER
(BY SRI B. C. JAKA, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
THROUGH SHAHAPUR POLICE STATION,
TQ. SHAHAPUR AND DIST. YADGIRI-585223.
NOW REPRESENTED BY ADDL. SPP,
HIGH COURT OF KARNATAKA,
KALABURAGI BENCH-585107.
...RESPONDENT
(BY SRI SIDDALING P. PATIL, ADDL. SPP)
THIS CRL.P IS FILED U/S.482 OF CR.P.C (OLD)/ U/SEC.
528 OF BNSS ACT (NEW) PRAYING TO ALLOW THIS PETITION
AND BE PLEASED TO QUASH THE PROCEEDINGS IN
C.C.NO.3096/2024 PENDING ON THE FILE OF CIVIL JUDGE
AND JMFC AT SHAHAPUR, SO FOR AS PETITIONER IS
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CRL.P No. 201262 of 2024
C/W CRL.P No. 201398 of 2024
CRL.P No. 201522 of 2024
CONCERNED, ARISING OUT OF IN CRIME NO.247/2023
REGISTERED BY THE RESPONDENT SHAHAPUR POLICE FOR
OFFENCES PUNISHABLE U/SEC. 409, 420, 120(B), R/W 149 OF
IPC AND SEC. 3 AND 7 OF ESSENTIAL COMMODITIES ACT,
AGAINST THE PETITIONER, TO SECURE THE ENDS OF JUSTICE
AND TO PREVENT ABUSE OF PROCESS OF THE COURT
ANDPASS SUCH OTHER ORDER OR ORDERS WHICH THIS
HON'BLE COURT MAY BE PLEASED TO PASS, IN THE
CIRCUMSTANCES OF THE CASE,
IN CRL.P.NO.201522/2024:
BETWEEN:
1. NARENDRA
S/O PUMYANAYAKA RATHOD,
AGED ABOUT 58 YEARS, OCC: BUSINESS,
R/AT. NARAYANPURA AREA GURMITKAL,
TQ. GURUMITKAL, DIST. YADGIRI.
2. CHANDRIKA
W/O AYYAPPA @ RAJU RATHOD,
AGED ABOUT 25 YEARS, OCC: HOUSEWIFE,
R/AT. NARAYANPURA AREA, GURMITKAL,
TQ. GURUMITKAL, DIST. YADGIRI.
3. LAKHAN PATEL @ LAXMAN PATEL
S/O DHARAMSHI PATEL,
AGED ABOUT 48 YEARS, OCC: BUSINESS,
R/AT. 901, MOHAN HEIGHT BUILDING KINGSTON,
OPP: GOLDEN PARK, KALYAN- W, KALYAN,
PO KALYAN, DIST. THANE.
4. SAYYAD ISHAN @ IHSANULLA. H,
S/O SYED HIDAYATH ULLA,
AGED ABOUT 29 YEARS, OCC: BUSINESS,
R/AT #66-4/1A, AMBEDKAR ROAD,
TIPPU NAGAR, BANGARAPET,
DIST. KOLAR, KARNATAKA-563114.
...PETITIONERS
(BY SRI B. C. JAKA, ADVOCATE)
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CRL.P No. 201262 of 2024
C/W CRL.P No. 201398 of 2024
CRL.P No. 201522 of 2024
AND:
THE STATE OF KARNATAKA,
THROUGH SHAHAPUR POLICE STATION,
TQ. SHAHAPUR AND DIST. YADGIRI-585223,
NOW REPRESENTED BY ADDL. SPP,
HIGH COURT OF KARNATAKA,
KALABURAGI BENCH-585107.
...RESPONDENT
(BY SRI SIDDALING P. PATIL, ADDL. SPP)
THIS CRL.P IS FILED U/S.482 OF CR.P.C.(OLD), U/S 528
OF BNSS (NEW) PRAYING TO ALLOW THIS PETITION AND
QUASH THE PROCEEDINGS IN CC NO.3096/2024, PENDING ON
THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC AT SHAHAPUR,
SO FOR AS PETITIONERS ARE CONCERNED, ARISING OUT OF
IN CRIME NO.247/2023, REGISTERED BY THE RESPONDENT
SHAHAPUR POLICE FOR THE OFFENCES PUNISHABLE U/SEC.
409, 420, 120(B) R/W 149 OF IPC AND SEC. 3 AND 7 OF
ESSENTIAL COMMODITIES ACT, AGAINST THE PETITIONERS,
TO SECURE THE ENDS OF JUSTICE AND TO PREVENT ABUSE
OF PROCESS OF COURT AND PASS SUCH OTHER ORDER OR
ORDERS, WHICH THIS HON'BLE COURT MAY BE PLEASED TO
PASS.
THESE PETITIONS COMING ON FOR ADMISSION, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
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CRL.P No. 201262 of 2024
C/W CRL.P No. 201398 of 2024
CRL.P No. 201522 of 2024
ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
1. Accused Nos.9 to 14 are before this Court in these
petitions filed under Section 482 of Cr.P.C with a prayer to
quash the entire proceedings as against them in
C.C.No.3096/2023 pending before the Court of Civil Judge
and JMFC, Shahapur, Yadgir district, arising out of Crime
No.247/2023 registered by Shahpur Police Station, Yadgir
for offences punishable under Section 409, 420, 120(B),
506 r/w 149 of IPC and Sections 3 & 7 of Essential
Commodities Act, 1955.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.247/2023 was registered by Shahpur
Police Station, Yadgir, initially for the offences punishable
under Sections 409, 420, 120(B), 506 r/w 149 of IPC and
Sections 3 & 7 of Essential Commodities Act, 1955 (for
short 'E.C.Act') on the basis of first information dated
25.11.2023 received from one Bheemaraya M., who is the
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Assistant Director of Food and Civil Supplies Department,
Yadgir as against one Shivappa S/o Mallappa and others.
4. The police after investigation have filed charge sheet
against 17 accused persons for the aforesaid offences.
The first informant Bheemaraya M. is arrayed as accused
No.14 in the charge sheet. Accused Nos.8 to 13 allegedly
had purchased the rice meant for Public Distribution
System from accused Nos.3 to 6 and had stored the same
in the warehouse belonging to them. The police during the
course of investigation had seized the said rice, allegedly
purchased by accused Nos.8 to 13 and stored in their
warehouse and thereafter have filed a charge sheet for the
aforesaid offences against 17 accused persons. Being
aggrieved by the same, accused Nos.8 to 13 are before
this Court in these petitions.
5. Learned counsel for accused No.14 submits that,
accused No.14 is the person, who had prepared a report
and submitted the first information based on which FIR is
registered in Crime No.247/2023. In the present case,
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during the inspection, accused No.14 had found that there
was a shortage of 6077.47 quintals of rice meant for PDS
which was stored in the warehouse of TAPCMS, of which
accused Nos.1 & 2 were the custodians. He submits that,
even in the confession statement of accused Nos.1 & 2, no
allegation is made against the petitioners, which would
attract the charge sheeted offences.
6. Learned counsel for accused Nos.8 to 13 submits that
it is not only based on the confession statement of
co-accused, they have been arrayed as accused in the
impugned criminal proceedings, the police have not
collected any corroborative material as against accused
Nos.8 to 13 during the course of investigation and in the
absence of such material, only on the basis of confession
statement of co-accused, the petitioners/accused Nos.8 to
13 could not have been arrayed as accused in the present
case. He submits that there is no material collected by the
prosecution to show that the rice recovered in the present
case was meant for PDS and in the absence of such
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material, petitioners cannot be prosecuted for the alleged
offences.
7. Per contra, learned Additional State Public Prosecutor
has opposed the petition. He submits that accused No.14
was hand in glove with other accused persons in
committing the alleged offences and only on instructions
from higher Officer, he had conducted inspection of the
warehouse on 25.11.2023 and submitted a report based
on which FIR in Crime No.247/2023 was registered.
During the course of investigation, accused Nos.1 & 2 have
confessed about the manner in which the crime was
committed. These accused have stated about the sale of
rice from the warehouse to accused Nos.3 to 6 and also
about the payment made to accused Nos.14 to 17, who
are the officials of the department. He submits that
certain payments are even made through Bank
transactions, Phonepe etc. and necessary materials are
collected during the course of investigation. For a period
of more than one and half years prior to registration of the
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FIR, the rice meant for PDS was being clandestinely sold
by accused Nos.1 & 2 to accused Nos.3 to 6 from whom
accused Nos.8 to 13 had purchased the rice and stored in
the warehouse of accused No.8 and accused Nos.14 to 17
who are Government servants were paid during the sale
transactions.
8. He submits that in the confession statement of
accused Nos.7 & 8, the role of accused Nos.8 to 13 has
been clearly mentioned and the rice which was purchased
by accused Nos.8 to 13 belonging to PDS was recovered
from the warehouse of accused No.8. He further submits
that as against accused No.9, there are 29 cases
registered under the provisions of the E.C.Act and accused
Nos.10 to 13 are all his family members and they all have
played an active role in committing the crime and
therefore, there is sufficient material to prosecute all the
accused for the charge sheeted offences. The rice which
was meant for PDS was being clandestinely transported
from the warehouse of the Food and Civil Supplies
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Department and sold to private parties and thereby
accused persons were making unlawful gain. The rice was
not actually reaching to real beneficiaries of the Scheme.
Since the police have collected sufficient material during
the course of investigation to prosecute the accused
persons for the alleged offences, it is not a fit case to
interfere. Accordingly, he prays to dismiss the petition.
9. The material made available to the Court would go to
show that accused No.14 had taken charge as Deputy
Director of Food and Civil Supplies and Consumer Affairs
Department at Yadgir on 10.02.2023. It appears that only
on the instructions from the higher officers, accused No.14
had inspected the warehouse of TAPCMS, Shahpur on
25.11.2023 and submitted a report. As per the said
report, there was a shortage of 6077.47 quintals of rice,
which was meant for public distribution system. The
material on record would go to show that accused Nos.1
and 2 had submitted reports earlier as if there was stock of
rice to the aforesaid extent, but in the inspection that was
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held on 25.11.2023 by accused No.14, the shortage of rice
to the extent of 6077.47 quintals was noted and based on
such report, FIR in Crime No.247/2023 was initially
registered against accused Nos.1 and 2 and others.
During the course of investigation, accused Nos.1 and 2
have confessed to the crime and they have stated that
they had sold the above said extent of rice to accused
Nos.3 to 6 after receiving money from them. Accused
No.2 has also stated that the money received by him was
paid to other officials of the department, who are now
arrayed as accused Nos.14 to 17 in the charge sheet.
Accused Nos.1 and 2 have stated that huge amount was
paid to the aforesaid accused on different dates and said
payments were also made through Bank transaction,
Phonepe etc. and these payments are prima facie proved
with documents by the prosecution.
10. The material on record would go to show that
accused No.9 had purchased the aforesaid rice from
accused No.6. It appears that the rice which was
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purchased by accused No.9 and his other family members,
who are arrayed as accused Nos.10 to 13 were all stocked
in the warehouse belonging to accused No.8, who is also
another relative of accused No.9. It is not in dispute that
the prosecution during the course of investigation has
seized the rice meant for public distribution system
allegedly sold by accused Nos.1 and 2 from the warehouse
of accused No.8. Accused No.7 - Sharanu @ Sharanappa,
who is the employee working with accused Nos.8 to 13 has
stated in his confession statement about the role of
accused Nos.8 to 13 in the alleged crime. He has also
stated that at the instructions of the aforesaid accused,
who are his employers, the rice was transported and
shifted to the warehouse of accused No.8 from where the
prosecution had seized the rice during the course of
investigation. Accused No.6 in his confession statement
dated 11.12.2023 has stated that the rice, which was
purchased by him illegally from accused Nos.1 and 2 was
being sold by him to accused No.8, who is the owner of the
warehouse from where the police have seized the rice. He
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has sated that the rice was being purchased by him from
accused Nos.1 and 2 at a lower price and thereafter sold
by him to accused No.8 at a higher price and thereby he
had made unlawful gain of lakhs rupees.
11. The police during the course of investigation have not
only seized the rice from the warehouse of accused No.8,
which was purchased by accused Nos.3 to 6 and
thereafter, sold to accused Nos.8 to 13, but also have
seized the sale proceeds from the aforesaid accused,
which runs to lakhs of rupees. The rice which was meant
to the poor and needy people through public distribution
system has been sold by its custodians to unscrupulous
elements like accused Nos.3 to 13 and for the said illegal
activities, accused Nos.14 to 17, who are Government
servants have helped them and have received huge
amount as gratification and certain payments towards
gratification to these accused was made through Bank
transactions, Phonepe etc. It is under these
circumstances, the offence punishable under Section 409
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of IPC has been invoked in the charge sheet and the said
offence is punishable with life imprisonment. Learned
HCGP has brought to the notice of this Court that as
against accused No.9, there are 29 similar cases which are
pending consideration and accused No.8 and accused
Nos.10 to 13 are the close relatives of accused No.9, who
have also involved themselves in committing the crime.
The material on record makes out a prima facie case
against all the accused persons and therefore, there is no
scope for this Court to interfere with the same and quash
the impugned criminal proceedings as prayed for in these
petitions.
12. Learned counsel for the petitioners have also
submitted that unless the prosecution provides material
along with charge sheet that the rice which was illegally
sold, transported and stored in the private warehouse,
which was subsequently seized by the police, was meant
for the purpose of public distribution system and in the
absence of any certificate to the said effect from the
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competent authority, no prosecution for the offences
punishable under Sections 3 and 7 of the E.C.Act can be
initiated against the accused persons. Though such a
submission is made by learned counsel for the petitioners,
they have failed to place any necessary material in support
of this contention urged by them. The relevant statute
does not provide for any such requirement and in the
absence of the same, said contention raised on behalf of
the petitioners cannot be appreciated. It is needless to
state that it is for the prosecution to prove its charges
against the accused persons during the course of trial and
at this stage, the prosecution cannot be asked to produce
all such material to prove its charges against the accused
for the charge sheeted offences. This court is not
expected to hold a mini trial at this stage. If the charge
sheet material makes out a prima facie case against all the
accused persons to be tried for the alleged offences, this
Court cannot exercise its powers under Section 482 of
Cr.P.C.
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13. The Hon'bel Supreme Curt in the case of Rajiv
Kourav vs. Baisahab and Other1 has observed that it is
trite law that the High Court cannot embark upon the
appreciation of evidence while considering the petition filed
under Section 482 of Cr.P.C. for quashing the criminal
proceedings. It is clear from the law laid down by this
Court that if a prima facie case is made out disclosing the
ingredients of the offence alleged against the accused, the
Court cannot quash a criminal proceedings.
14. In the case of Central Bureau of Investigation vs.
Aryan Singh and Others2, the Hon'ble Supreme Curt at
paragraph No.10 has observed as follows:
"10. From the impugned common
judgment and order passed by the High Court, it
appears that the High Court has dealt with the
proceedings before it, as if, the High Court was
conducting a mini trial and/or the High Court
was considering the applications against the
judgment and order passed by the learned Trial
Court on conclusion of trial. As per the cardinal
(2020) 3 SCC 317
2023 SCC OnLine SC 379
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principle of law, at the stage of discharge and/or
quashing of the criminal proceedings, while
exercising the powers under Section 482 Cr.P.C.,
the Court is not required to conduct the mini
trial. The High Court in the common impugned
judgment and order has observed that the
charges against the accused are not proved. This
is not the stage where the prosecution /
investigating agency is/are required to prove the
charges. The charges are required to be proved
during the trial on the basis of the evidence led
by the prosecution / investigating agency.
Therefore, the High Court has materially erred in
going in detail in the allegations and the material
collected during the course of the investigation
against the accused, at this stage. At the stage
of discharge and/or while exercising the powers
under Section 482 Cr.P.C., the Court has a very
limited jurisdiction and is required to consider
"whether any sufficient material is available to
proceed further against the accused for which
the accused is required to be tried or not".
15. Since the prosecution has laid charge sheet against
the accused in the present case after collecting necessary
material, which corroborates with the confession statement
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of the co-accused, I am of the opinion that there is a prima
facie case against the accused persons for the charge
sheeted offences and therefore, it is not a fit case for
exercising the inherent powers under Section 482 of
Cr.P.C. Accordingly, following order is passed:
ORDER
Criminal petitions are dismissed.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
DHA/SRT
CT:PK
