D.K. SUJITH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 482 of Cr.P.C, praying this Court to quash the FIR in Crime No.73/2020 arising out of PCR No.3335/2020 for the offences punishable under Ss. 110, 120B, 420, 408, 379, 504 and 506 of IPC.

(2.) The factual matrix of the case is that the second respondent herein had filed a private compliant before the Chief Metropolitan Magistrate Court, Bengaluru, in PCR No.3335/2020, wherein, an allegation is made in the complaint that the first petitioner was working in the hospital and the third petitioner is the mother of petitioner No.1 and the second petitioner is the girl friend of the first petitioner herein and they conspired with each other. That on 19/2/2020, the first petitioner has worked as Night Receptionist. On 22/2/2020 at 10 a.m, the complainant came to know about the incident when she opened the personal wooden almirah cupboard, where she used to keep sarees and valuable jewels worth of Rs.30.00 Lakhs was missing and the staff have replied that they have not aware of the same and a complaint was given to the Girinagar Police suspecting the role of the petitioners herein. Subsequently, on C.C.TV Camera footage verification, the first petitioner herein went inside room No.404 and thereafter he left the hospital. On enquiry, he admitted that he took the jewels and also the cash and says that "his mother will come and pay you, for that you should wait, if you cannot wait you can go and give police complaint against me, because Girinagar police are his friends. When they insisted to pay the money, he caused the life threat and he has stolen totally Rs.70.00 to 80 Lakhs worth of gold and sarees and money. Hence, the learned Magistrate having received the complaint and perusing the complaint averments invoked Sec. 156(3) of Cr.P.C, and refer the matter for investigation. While referring the matter, the learned Magistrate looked into the contents of the complaint and found that cognizable and non-cognizable offences are disclosed and he formed an opinion that it is a matter for investigation. Based on this, the police have registered a case in Crime No.73/2020 and the matter is under investigation.

(3.) The learned counsel appearing for the petitioners would vehemently contend that an incident was taken place on16/2/2020. A complaint was filed on 21/2/2020 and the same was registered as NCR, wherein, they have mentioned the amount worth of Rs.1,50,000.00 was missing. The learned counsel also brought to the notice of this Court that, the other complaint was given on 23/2/2020, wherein, an allegation is made by the husband that to the extent of Rs.72.00 to 80 Lakhs worth of medicines, valuables and cash had been missing from their premises and hence, requested to take steps. Based on this complaint, Crime No.57/2020 is registered. The police have investigated the matter and filed the charge sheet for the offence punishable under Sec. 381 of IPC.