SHIVAKUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court calling in question registration of crime in Crime No.163 of 2022 registered on 29/7/2022 for offences punishable under Ss. 417, 420, 196, 199, 201 and 205 of the IPC.

(2.) The facts that have driven the petitioner to this Court calling in question the registration of crime, as borne out from the pleadings, in brief, are as follows:- The petitioner, a practicing Advocate put in a service in the profession for 27 years has been representing the 2nd respondent /Rajiv Gandhi University of Health Sciences, Karnataka ('the University' for short), the complainant herein for over 15 years. The petition narrates that there has been no blemish whatsoever against the petitioner in his appearances for the University before this Court. Criminal Petition Nos. 101638 of 2021, 100998 of 2022, 101172 of 2022, 101186 of 2022, 101228 of 2022, 101258 of 2022, 101368 of 2022, 101369 of 2022, 101370 of 2022, 101374 of 2022 and 101384 of 2022 were either filed or pending before the Dharwad Bench of this Court seeking quashment of proceedings in Spl.C.No.126 of 2012 registered against several accused alleging their involvement of malpractice in the conduct of Post Graduate Entrance Test ('PGET-2010). Those accused against whom criminal cases were registered were also proceeded departmentally. In the departmental enquiry, it appears, that those accused were all exonerated after a full blown enquiry. The issue in the enquiry is what concerns this Court in the case at hand. Based upon the said exoneration in the enquiry, the afore-quoted criminal petitions were filed before the Dharwad Bench of this Court. A Co-ordinate Bench of this Court allowed those petitions and quashed criminal proceedings that were pending, relying upon a judgment rendered by a Co-ordinate Bench of this Court in Writ Petition No.19700 of 2018 decided on 27/7/2021. In those cases, the accused were different. The State of Karnataka was represented by the learned High Court Government Pleader. The 2nd respondent who was arrayed as Vice-Chancellor of Rajiv Gandhi University of Health Sciences, Karnataka had either been represented or the Court directed the petitioner herein to accept notice for the University. It is averred in the petition that owing to the fact that the petitioner was representing the University in the cases before this Court for long, the said direction was issued and accepted by the petitioner. Orders were passed on 7th, 18th, 20th and 21/4/2022 allowing those petitions following the judgment rendered by a Co-ordinate Bench in Writ Petition No.19700 of 2018.

(3.) The issue in the writ petition (supra) was whether the criminal trial should be permitted to continue where the guilt will have to be proved beyond all reasonable doubt in the teeth of accused therein getting exonerated in a departmental enquiry where probabilities are preponderant and if on preponderance of probabilities the charge could not be proved on the departmental side, it can hardly be said to be proved beyond all reasonable doubt in a criminal trial, is what was held by the Co-ordinate Bench in the aforesaid writ petition, which was followed by another Co-ordinate Bench in all the aforesaid cases. The petitioner herein is shown to have appeared for the 2nd respondent/University in all the cases except one case which is Criminal Petition No.101638 of 2021 disposed of on 7/4/2022. After the disposal of all the petitions, the petitioner communicates to the University that the Court has allowed the petitions and he had appeared for the University. In all the 10 matters it is recorded that the petitioner had appeared and in the connected matter which was disposed of on 7/4/2022, the name of the petitioner is not shown. Based upon this, prodigious action is taken against the petitioner.