H.M.MALLIKARJUNA Vs. STATE

JUDGEMENT

(1.) The petitioner is before this Court calling in question proceedings in C.C.No.5615 of 2020 arising out of Crime No.345 of 2017 registered for offences punishable under Ss. 420 , 506 r/w Sec. 34 of the IPC.

(2.) Brief facts, as projected by the prosecution, are as follows:-

(3.) It is the allegation of the complainant that the petitioner claiming that he knew accused No.2 suggested to the complainant to take his help and the cost of transplantation in Srilanka would be around Rs.75.00 to Rs.80.00 lakhs. In furtherance of the said commitment, it appears, about Rs.10.00 lakhs was paid to accused No.2 by way of RTGS on reaching Srilanka. But, as promised, nothing took place and the complainant had to come back to India without any treatment. Later, the husband of the complainant, who was suffering from kidney disease, died. On the death of the husband of the complainant, the complainant appears to have demanded money that she had paid to the tune of Rs.75.00 lakhs to the petitioner, at which point in time, it is the allegation, that the petitioner had threatened her with dire consequences in the event the complainant would insist for money that she had paid him. Based upon this, the complainant registered a complaint on 15/9/2017 alleging that the petitioner who is a super specialist has defrauded the complainant, induced the complainant to shell out Rs.75.00 lakhs to him and Rs.10.00 lakhs to accused No.2 and had committed offence under Sec. 420 of the IPC. The police, after investigation, filed a charge sheet against the petitioner and accused No.2 for offences punishable under Ss. 420, 506 and 34 of the IPC. On filing of the charge sheet, the petitioner has knocked the doors of this Court in the subject petition. This Court by its order dated 20-04- 2021 stayed further proceedings. Therefore, trial has not commenced in the case at hand.