B.G. JAWALI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused No.1 and 17 under Section 482 of Cr.P.C., praying to quash/ set aside the order dated 15.10.2007 in C.C.No. 2335/2007, pending on the file of the Prl. Civil Judge (Jr.Dn.) and JMFC-II Court, Gulbarga.

(2.) Brief facts of the case are that, an aircraft which was used for fighting war, was gifted to Nizam of Hyderabad during the year 1941. Thereafter, aircraft was found lying in the vacant place belonging to Gulbarga Municipality and P.D.A. Engineering College got the possession of the said aircraft in the year 1958 for being given to it by Gulbarga Municipality for the purpose of study for the Engineering students. Thereafter, a news item was published in the India Today, stating that the Hyderabad Karnataka Education Society (hereinafter called as 'H.K.E. Society' for short) passed a resolution regarding disposal/sale of said aircraft and to acquire a Helicopter, antique motor vehicle, antique scooter and antique bicycle in exchange of the said aircraft. Accordingly, the HKE Society acquired them from one Girish Naidu in exchange for the aircraft for study purpose by the Engineering students. It is further alleged that, the accused persons have committed the offence by disposing of the said aircraft. On the basis of the said complaint, a case was registered in Cr.No.323/2002 and after investigation, charge sheet came to be filed against accused persons. The trial Court by its order dated 15.10.2007 directed for registration of the case and issued summons to the accused by taking the cognizance. Being aggrieved by the said order, the petitioners-accused Nos.1 and 17 are present before this Court.

(3.) Though this petition was filed on 12.7.2010, on 30.9.2010, interim stay was granted by admitting the case. When the matter came up for final hearing on 11.2.2013, a submission was made to the effect that accused Nos.2 to 4 and 6 to 13 had filed a petition in Crl.P.No.5507/2007 under Section 482 of Cr.P.C and the same was allowed and quashed the entire proceeding against the said accused therein. Accused No.5 is said to be dead and accused No.16 is absconding. It is further submitted that, a Special Leave Petition has been filed before the Hon'ble Apex Court and the same was pending for admission, as such, the matter was kept in abeyance, till disposal of the said matter, pending in S.L.P.No.38760/2012. On 23.6.2017, it was brought to the notice of this Court that the said SLP has been disposed off.