JOHN WILKING EINSTEIN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners in Crl.P.No.8316 of 2024 are accused Nos. 3 and 4 and petitioners in Crl.P.No.13828 of 2024 are accused Nos. 6 and 7, all in Crime No.490 of 2014 registered for offences punishable under Ss. 406 and 420 of the IPC. Since these petitions arise out of a solitary proceeding, they are taken up together and considered by this common order. For the sake of convenience, facts as narrated in Criminal Petition No.8316 of 2024 are noticed.

(2.) Heard in both the petitions Sri Jayakumar S.Patil, learned senior counsel appearing for the petitioners; Sri Harish Ganapathy, learned High Court Government Pleader appearing for respondent No.1; Sri Manu Prabhakar Kulkarni, learned counsel appearing for respondent No.2 and Sri Sandesh J. Chouta, learned senior counsel appearing for respondent No.3.

(3.) Facts, in brief, germane are as follows;- 2nd and 3rd respondents are the complainants. A complaint comes to be registered against erstwhile trustees of Vijayanagar Educational Trust ('the Trust' for short). The allegations are of serious misappropriation, mismanagement and siphoning of funds of the Trust which runs educational institutions. The 2nd respondent on 31/10/2014 registers a complaint which becomes a crime in Crime No.490 of 2014. It appears that on 20/2/2015 a suit under Sec. 92 of the CPC is also instituted in O.S.No.2716 of 2016 before the Principal City Civil Judge at Bengaluru. The said suit is pending consideration. Since it is a suit under Sec. 92 of the CPC, it is a class action or a scheme suit as it is called. On 6/8/2015 the complainant makes a request to transfer the investigation from the jurisdictional police to the hands of the City Crime Branch ('CCB'). The matter was transferred to the hands of the CCB. The CCB Police after investigation file a 'B' report before the concerned Court on the score that there is a civil suit which is also pending and the issue is between the erstwhile and present trustees. On filing of the 'B' report, protest petition is filed by the complainant. The concerned Court on 6/7/2023 on the 'B' report directs further investigation to be conducted in reference under Sec. 156(3) of the Cr.P.C. The direction to conduct further investigation drives these petitioners/accused Nos. 3 and 4 to this Court in Criminal Petition No.8316 of 2024. This Court interdicts further investigation qua accused Nos. 3 and 4 on the ground that it is in violation of the judgment rendered by this Court. The said interim order is in subsistence in the said criminal petition.