JAMSHED ANJUM Vs. STATE AND ORS.

JUDGEMENT

(1.) RESPONDENT No. 2, Mr. Rafiq Mansoor, lodged a complaint before the City Police Station, Tumkur Town, on 07.05.2011, against the petitioner. The material allegation made in the said complaint is, that the petitioner committed theft of Rs. 98,000/ -, in his shop, at 7.15 pm., on 6.5.2011 and also caused dire threats to him and his workers. A case in Crime No. 60/2011 was registered by the respondent No. 1 and FIR was submitted to the jurisdictional Magistrate.

(2.) RESPONDENT No. 2 and his wife, had instituted O.S. No. 62/2010 against the petitioner, to pass a decree of declaration, that they, the plaintiffs, are the sole and absolute owners and proprietors in lawful possession and control, to the exclusion of the defendants and all others, of the coffee business running in the name and style of "Neelgiri Coffee Propaganda", at Mandipete, Tumkuru, and to pass a consequent decree of permanent injunction, restraining the defendants from entering into the said business premises. Temporary injunction was granted on 10.03.2011. The petitioner and his brother i.e., defendants filed M.A. No. 14/2011 in the 1st Additional District Court, Tumkur. The appeal was allowed on 18.04.2011 and the said order of temporary injunction was set aside. By referring to the said civil litigation, this petition was filed, to quash the FIR in Crime No. 60/2011.

(3.) SRI M.N. Sathyaraj, learned advocate, contended that the petitioner's father was a partner in the business of 'Neelgiri Coffee Propaganda' as per the Deed of Partnership dated 25.05.1992 and he having left a 'Will -Ya -Vashiyath' dated 19.09.2008 and the litigation in O.S. No. 62/2010 relating to the business of 'Neelgiri Coffee Propaganda' and also the close relationship between the parties i.e., the petitioner and the second respondent herein, investigation undertaken by the first respondent with reference to the complaint dated 7.5.2011 is illegal. He submitted that the respondent No. 2 has given criminal colour to a civil dispute, on account of vacating of temporary injunction in M.A. No. 14/2011 on 18.04.2011. He further contended that the dispute between the petitioner and the respondent No. 2 being of civil in nature, pertaining to carrying on business of 'Neelgiri Coffee Propaganda', investigation by the respondent No. 1 being unnecessary, this petition may be allowed and the impugned FIR be quashed.