G MOIDEEN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Revision petitioner, who is Accused No.8 in S.C.No.86/2020 on the file of the learned IV Additional District and Sessions Judge, D.K. Mangaluru, is impugning the order dtd. 8/11/2022, whereby the application filed under Sec. 227 of Cr.P.C., praying to discharge him for the offences punishable under Ss. 170, 171, 419, 120B, 109, 399, 402, 420, 36 r/w Sec. 149 of the Indian Penal Code (for short 'the IPC'), and under Ss. 3 and 25 of the Indian Arms Act, 1959 and under Sec. 7 of the State Emblem of India (Prohibition of Improper Use) Act 2005, is rejected.

(2.) The parties are referred to as per their ranking before the Trial Court.

(3.) Brief facts of the case are that on the basis of the suo motu FIR registered by Mangaluru East Police the investigation was undertaken and the charge sheet came to be filed for the above said offences. The contention of the prosecution as per the charge sheet is that a credible information was received by the police that accused No.1 was projecting himself as the Director of National Crime Investigation Bureau (for short 'the NCIB') and using the Car with the Board and Emblem of the State to make believe him as the Director of the National Investigation Agency and was intending to extract money from the general public. Accused No.9 even though knew that accused No.1 is not a Government Official, he joined hands with him to extract money from one Girish Rai and Imtiaz promising to pay 20% commission. In that regard, accused Nos.1 and 9 have conspired together along with accused Nos.10 and 11 by meeting in a Hotel at Madiwala, Bengaluru. They have also conspired to de-thrown the Pontiff of Kashimath and to recover the amount from him, which he had taken from Karnataka Bank Limited and also to get a favourable order in favour of accused No.11. Accused No.1 along with accused Nos.12 to 14 conspired in the office of accused No.1 and agreed to share the booty after commission of the offence. Accused Nos.1, 9, 10 and 11 have conspired with accused Nos.12 to 15 to commit the offence. Accused Nos.2 to 6 have joined accused No.1 as his body guards and took Mahendra TUV 300 Car with the Board as Director NCIB with the Emblem of the Central Investigation Agency and came to Mangaluru on 15/8/2019.