A.R. Chandrashekar vs State of Karnataka

K.N. Keshavanarayana, J.—In this petition filed u/s 482 Code of Criminal Procedure, the Petitioner is seeking to quash the investigation by the Honnali police in Davangere district in Crime No 22 of 2011.

Petitioner, admittedly, is running a fair-price depot at Sasuvehalli-1, Kulgatte Village, Honnali Taluk. On certain complaints received by the Deputy Commissioner about the misappropriation of foodgrains and other articles issued to this fair-price depot for distribution to cardholders, the Deputy Commissioner of the district directed the Tahsildar to hold a preliminary inquiry and to submit a report. Pending inquiry, the licence issued to the Petitioner for running the fair-price depot was also kept under suspension. The Tahsildar, after going through the records maintained by the Petitioner and other materials, prima facie, found several violations and acts of criminal breach and misappropriation etc., by the Petitioner herein and in that regard he submitted a report to the Deputy Commissioner. In the light of the said report, the Deputy Commissioner directed the Tahsildar to lodge a complaint with the jurisdictional police against the Petitioner herein. Accordingly, the Tahsildar, filed a complaint on 25-1-2011. based on which, the police registered a case in Crime No 22 of 2011 for the offences punishable under Sections 409 and 420 IPC and Sections 3 and 7 of the Essential Commodities Act, 1955 and took up investigation. On the coming to know of the registration of the case, Petitioner has rushed to this Court seeking to quash the investigation.

I have heard the learned Counsel for the Petitioner and perused the records produced.

The allegations made in the complaint, which are in turn based on the prima facie finding reached by the Tahsildar on holding an inquiry as directed by the Deputy Commissioner, prima facie, indicates several violations committed by the Petitioner herein and also acts of criminal breach of trust, misappropriation etc. The allegations made in the complaint are required to be investigated. At this stage it cannot be said that the allegations made in the complaint are all false and baseless or made with a view to harass the Petitioner. The contention urged in this petition does not fall under any one of the circumstances laid down by the Apex Court in the case of State of Haryana and others Vs. Ch. Bhajan Lal and others, under which High Courts, in exercise of power u/s 482 Code of Criminal Procedure, could quash criminal prosecution.

In this view of the matter, I find no ground to entertain this petition. Accordingly this criminal petition is dismissed.

In view of dismissal of the main petition itself, Misc Crl No 1640 of 2011 for stay does not survive for consideration and it is accordingly dismissed.