C.P.YOGESHWARA Vs. SFIO

JUDGEMENT

(1.) The relief claimed in Criminal Petition Nos.671/2017 and 672/2017 is to set aside the order dated 27.02.2012 in C.C.Nos.30/2013 and 6907/2012 passed by the Special Court (Economic Offences), Bangalore; Criminal Petition Nos.673/2017, 674/2017, 675/2017 and 676/2017 is filed seeking to set aside the order dated 23.02.2012 in C.C.Nos.6414/2012, 6415/2012, 6416/2012 and 6417/2012 passed by the IV ACMM, Bangalore; and Criminal Petition No.772/2017 is filed seeking to set aside the order dated 23.02.2012 in C.C.No.29/2012 passed by the Special Court (Economic Offences), Bangalore.

(2.) Sri.C.P.Yogeshwara (accused No.1) is the common accused in all the aforesaid criminal cases. His wife Smt.Manju Kumari is accused No.2 in C.C.No.6907/2012 and C.C.6417/2012. Sri.Arun Charanthimath and his wife Smt.Sujatha Charanthimath are accused Nos.3 and 4 in C.C.No.6907/2012. Sri.C.P.Gangadhareshwar - brother of accused No.1, is accused No.2 in C.C.Nos.6414/2012, 6416/2012 and accused No.4 in C.C.No.6417/2012. Sri.P.Mahadevaiah and Sri.H.R.Ramesh are arraigned as accused Nos.3 and 4 in C.C.No.6414/2012 and accused Nos.3 and 5 in C.C.No.6417/2012 and one Sri.Sambashiv Rao is accused No.6 in C.C.No.6417/2012.

(3.) The contention of the petitioners is that the impugned orders are bad in law inasmuch as the complaints presented by the respondent do not disclose the material to take cognizance and to issue process to the petitioners. The allegations made in the complaints, even if uncontroverted, do not prima facie establish the ingredients of the offences alleged against the petitioners and therefore, the proceedings initiated against the petitioners being obliquely motivated and abuse of process of court are liable to be set-aside.