SHESHANNA B. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners in the batch of these petitions call in question the proceedings in Crime No.21/2019 registered for offences punishable under Ss. 405, 406, 408, 420, 463, 464, 471, 120B and 34 of the IPC. The crime is registered pursuant to registration of a private complaint by the complainant against the petitioners. The complainant is common in these petitions. Therefore, they are taken up together and considered by this common order.

(2.) For the sake of convenience, the facts narrated in Crl.P.No.1627/2022 are considered. The 2nd respondent a civil electrical contractor at Shivamogga is sanctioned and approved a contract on 24/8/2007 to lift water from Tungabhadra river under Lift Irrigation Scheme near Holaluru village, Shivamooga district to provide water to four lakes, Narayana lake, Singalli lake, Boodikere lake and Suttukere lake. After completion of the main work by RNR Engineers (P) Ltd., without following due process of law, the tender is said to have been allotted to one K.B.Kumar to complete the remainder of the work under the same project. Without completing the balance work under the aforesaid tender, it is the allegation of the complainant that K.B.Kumar who was awarded work without calling for tender, raised bills for installation of new pump, motor rewinding, panel board capacitor, starter and transformer and created false documents contending that he had performed the work between 7/4/2017 to 16/5/2017. The total bill amount claimed was Rs.70.00 lakhs, which according to the complainant was a fabricated bill by taking support from false documents. The sum and substance of the complaint registered by the respondent No.2/complainant in all these cases is what is aforesaid.

(3.) On the aforesaid facts, the complainant registers a private complaint invoking Sec. 200 of the Cr.P.C. against all the petitioners/accused in these cases. The learned Magistrate on 4/1/2019 endorses that cognizance is taken, office is directed to register the present complaint as PCR and put up later, after which, the Magistrate refers the matter for investigation under Sec. 156(3) of the Cr.P.C. to the jurisdictional police. The police register an FIR against these petitioners in Crime No.21/2019 pursuant to the reference made by the Magistrate as aforesaid. On registration of the said crime, the petitioners in these petitions have knocked the doors of this Court in these petitions.