PRABHAKAR H J Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner being an accused in Crime No.23/2017 of Lakkavalli Police Station for the offences punishable u/s.420, 120-A, and 120-B r/w Sec.34 of IPC 1860 is invoking their Inherent Jurisdiction of this Court u/s.482 of Cr.P.C . 1973 seeking quashment of the criminal proceedings in question.

(2.) First respondent-State after service of notice has entered appearance through the learned AGA and the second respondent-Zilla Panchayat, Chikkamagalur is represented by its Panel Counsel.

(3.) Learned counsel for the petitioner submits that petitioner being the successful bidder in the public tender process having secured the works contract of Karakuchi & Belenahalli Projects has accomplished the job; the Department concerned having finalized the last Bill dated 30.03.2015 has conveyed the same to the petitioner; when this was the position the 2nd respondent vide letter dated 17.02.2017 complained to the Superintendent of Police, Chikkamagalur that the petitioner has received excess payment in a sum of Rs.3.79 crore by defrauding the Government without any particulars; this apart, the alleged transaction is stated to have been spread over a period of eight years; the jurisdictional S.P. without any application of mind vide e-mail dated 07.03.2017 has directed the respondent-police to register the crime.