A.R.PATIL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner who is arraigned as accused No.3 has filed this petition under Sec. 482 of Cr.P.C to quash the criminal proceedings initiated against him in C.C No. 606/2014 on the file of Prl. Civil Judge and JMFC Court, Chikkodi, for the offences punishable under Sec. 384 , 504 , 506 r/w/s. 34 of IPC .

(2.) It is the case of the petitioner that he is the field officer in Shri Gurudutta Sugars Limited, Takliwadi, Shirol Taluk, District Kolhapur of Maharastra. The said Sugar Factory used to make advance for providing transport vehicles. The dispute regarding the transport vehicles is managed and looked by the lower cadre employees of the factory. Petitioner is not having any kind of direct communication with the owners of the such vehicles.

(3.) Such being the case one Suresh Wagge, the husband of respondent No.2 after having taken advance and failed to provide service of the vehicle has got filed a false complaint through respondent No.2 in PC. No. 171/2010, alleging the offences punishable under Ss. 365, 384, 387, 392, 504, 506 (II) r/w.s.34 of IPC , against the petitioner as accused No.3 and others. The trial Court has referred the same to the Chikkodi Police for investigation under Sec. 156(3) of Cr.P.C and it is registered in Crime No.27/2011. After the investigation, the concerned Police have filed B-report stating that no such offence is made out and to overcome the liability of returning the advance of Rs.1,00,000.00 taken by her husband a false complaint is filed. To the said B-report, a respondent No.2 has filed protest petition on 11/1/2013. On 12/3/2013, the Trial Court has recorded the sworn statement of respondent No.2. However, on 31/7/2013 without recording the sworn statement of the witnesses, the trial Court has provided the complainant to lead the evidence of PWs.2 to 4. Similarly, on 7/9/2013 and 29/11/2013 the sworn statement of PWs.5 and 6 is recorded through the evidence led by the counsel for complainant.