R. VASUDEVAMURTHY Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Section 482 of Cr.P.C, praying this Court to quash the complaint dated 19.12.2019 (Annexure-A) and FIR dated 19.12.2019 (Annexure-A1) in Crime No.122/2019 on the file of the VII Additional Civil Judge (Jr. Dn.) and JMFC, My suru, for the offences punishable under Sections 378 and 380 of IPC and grant such other relief as deems fit in the circumstances of the case.

(2.) The factual matrix of the case is that the complainant/respondent No.2 has filed a complaint on 12.12.2019 making the allegation in the complaint that he was working in the petitioners' institution from 2009 to 2015 and he was having the documents pertaining to the Tourism Department. From the beginning of 2015, differences were arisen between him and the petitioners institution. Hence, he gave resignation on 05.01.2015. The respondent No.2 was requested to continue till the completion of the academic year and he agreed for the same and in the month of May he gave the resignation and the Management did not accept the same. That on 19.05.2015 and 20.05.2015, he was on leave to receive the Doctorate in Literature for his book "Karnataka A Delight For Tourist" which he had written and Belagavi Rani Chennamma University gave the Doctorate and while going to receive the said Doctorate, he locked his room. In his absence that on 20.05.2015, these petitioners removed the lock and entered the room and stole the documents, letter heads, receipts, bills and vouchers without his consent. The petitioners institution with malafide intention and on personal vengeance removed the documents and now they made an allegation against the complainant that he has misappropriated the amount.

(3.) It is also alleged in the complaint that though other staff witnessed the said incident, they are not coming forward to give statement. The police investigated the matter against the case registered against him and filed the charge-sheet. During the course of investigation in the case registered against respondent No.2/complainant, it is categorically admitted that they have removed the documents and also not drawn any mahazar and prima facie it discloses that they have committed the offence. Hence, requested to take action against the petitioners. Based on the complaint, the police have registered the case against the petitioners for the offences punishable under Sections 378 and 380 of IPC. Hence, the petitioners have approached this Court by filing this petition for seeking order of quashing.