NANDALAL KUMAVAT Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'the BNSS') to quash the proceedings in C.C.No.1268/2023 pending on the file of Civil Judge & JMFC, Indi, arising out of Crime No.14/2021 registered by the Zalaki Police Station for the offences punishable under Ss. 417, 420 and 471 of IPC, 1860.

(2.) The factual matrix of the case is that, the petitioner/accused was working as a lorry driver in Swift Road Link Company. He was assigned the duty to drive the lorry bearing registration No.NL-01-L-9453, which is owned by one Nishanth S/o Shamsing Shini. Accordingly, the petitioner being the driver of the said lorry, loaded the cars and tractors from Delhi and Indore and transported them to Mangalore and Chennai and while returning to Indore on 24/2/2021 around 10:10 a.m., near Attibele RTO Check Post on Bengaluru-Hosur road, an unknown person approached the petitioner and obtained the fake/duplicate RTO check report/receipt in the name of Zalaki RTO. For the same, the petitioner paid a sum of Rs.4,500.00. There was an entry in the receipt about a fine of Rs.4,000.00. On entering the border, the petitioner exhibited the receipt to the RTO Officers. Further, it was stated in the said receipt that Rs.4,000.00 fine was already imposed in the check post by the RTO Officers. Accordingly, on 4/3/2021 when the petitioner was driving the truck from Indore to Chennai around 01:50 p.m., at Dhulked RTO check post, he produced the receipt. Upon inspection, it was found to be fake/duplicate. Hence, the RTO Officer lodged the complaint against the petitioner and unknown person on 5/3/2021. The same was registered in Crime No.14/2021 for the offences punishable under Ss. 417, 420, 464, 468, 471, 473 r/w Sec. 34 of IPC, 1860. Subsequently the respondent-police investigated the case and laid charge sheet before the Civil Judge and JMFC, Indi, which is pending in C.C.No.1268/2023. Aggrieved by the said proceedings, the petitioner filed the present petition.

(3.) Heard learned counsel for the petitioner and the learned High Court Government Pleader for respondent- State