B.P. VIJAY AND ORS. Vs. UMESH

JUDGEMENT

(1.) THE petitioners who are arrayed as accused Nos. 2 to 7 in C.C. No. 472/2012 pending on the file of J.M.F.C., Shorapur, have preferred these petitions seeking quashing of the said criminal proceedings registered against them for the offences punishable under Sections 468, 471, 192, 195, 420, 427 r/w Section 149 of Indian Penal Code.

(2.) THE learned counsels appearing for the petitioners strenuously contends that the complaint is not at all maintainable against these petitioners as they were not the persons who were in the helm of affairs at the relevant point of time as alleged by the complainant. Further, the learned Magistrate has not looked into that certain offences alleged were all barred by limitation for the purpose of taking cognizance. It is also contended that the petitioners are the public servants working in different capacities in the Government Offices and the allegations are that while discharging their duties as public servants they have created and concocted certain documents in order to grab the property of the complainant, therefore Section 197 of Cr.P.C. comes into play. Without their being any sanction order, petitioners could not have been prosecuted by the complainant and the learned Magistrate has committed serious error in taking cognizance and issuing process against the petitioners herein.

(3.) IN the above said background, this Court has to see whether the petitioners have made out any reasonable or substantial grounds to quash the entire proceedings at the threshold. It is well recognized principle of law, as laid down by the Hon'ble Apex Court in the case of State of Haryana and others v. Ch. Bhajan Lal and others reported in : AIR 1992 SC 604, which is being consistently followed by the Hon'ble Apex Court as well as several High Courts. Therefore, I feel it is just and necessary to quote the guidelines enunciated in the said decision by the Hon'ble Apex Court. The Hon'ble Apex Court has laid down certain guidelines though not they are rigid formulae to give an exhaustive list but they are certainly guidelines that those are accepted by the Courts and followed while dealing under Section 482 of Cr.P.C. which are as follows: