AMALI NAIK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Section 482 Cr.P.C. by accused for quashing the charge sheet in C.C.No.338/2016 for the offence punishable under Sections 420 of IPC and Sections 3 and 7 of Essential Commodities Act, 1955 and further proceedings pursuant to said charge sheet pending on the file of Addl. Civil Judge and JMFC, Doddaballapura Taluk, Bengaluru Rural District.

(2.) On the complaint filed by Sri.M.Shivakumar, Assistant Director, Akshara Dasoha Scheme, Taluk Panchayat, Doddaballapura, the Police have registered the case. The allegations are that on 04.10.2013 night at about 10:00 p.m., the Education Officer concerned with Akshara Dasoha Scheme by name Sri.Chikkanarasaiah informed the complainant over phone that some journalists have stopped the tempo bearing Reg.No.KA-43-3398, which was carrying the rice meant for Akshara Dasoha Scheme. On 05.10.2013 when the complainant visited the spot, it was noticed that 103 rice bags found there were meant for Akshara Dasoha Scheme to provide the mid-day meals for 4800 students of 18 Schools, which was supplied to the petitioner, who is the Secretary of the institution by name Gramina Abhudaya Seva Samste, Doddaballapura. The rice bags were being illegally transported in a Tempo for some other purpose by the Secretary of the said institution. In pursuant to the said complaint, criminal case was registered at Doddaballapur Town Police Station in Crime No.148/2013. After completion of investigation, the charge sheet has been filed, which is numbered as C.C.No.338/2016. The petitioner is arrayed as sole accused.

(3.) Heard learned counsel for the petitioner and learned High Court Government Pleader for respondent No.1-State. Perused the records furnished along with the petition and also the documents furnished by the learned counsel for the petitioner during the course of arguments.