E CHANNAVEERAPPA S/O Vs. LAGE SIDDAPPA

JUDGEMENT

(1.) I have heard the counsel for the petitioners and learned Special Central Government Counsel for respondent.

(2.) The petitioners by filing these writ petitions invoked Articles 226 and 227 of Constitution of India r/w 482 of Cr.P.C., prayed this Court to issue a writ in the nature of certiorari to quash the order dated 30.06.2017 vide Annexure-A in Spl. CBI CC No.2/2014 on the file of the III Addl. District and Sessions Judge and Special Judge for Lokayukta/ACCUSED and CBI Dharwad and to discharge the petitioners by allowing the application filed for discharge which has been rejected and pass such other orders as deems fit in the circumstances of the case.

(3.) The factual matrix of the case is that FIR is registered in RC 11(A)/2011 against the petitioners and others for the offence punishable under Section 120(B), 420, 467, 468, 471, 477-A of IPC r/w Section 13(1)(d) and Section 13(2) of Prevention of Corruption Act. The prosecution has alleged that accused Nos.1 to 4 entered into criminal conspiracy with the Assistant Manager of State Bank of Mysore, Ilkal Branch, to commit the above offences. The accused No.1 has wrongly routed certain credit which was supposed to be credited to the accounts of the Government to the account of petitioner Nos.1 to 3. The similar incidents have been committed by accused No.1 and totally 36 instances amount has been transferred and subsequently the same was reversed and the entire amount has been paid by the account holders. When the funds are not intentionally diverted and the said diversion is not mechanical. The very initiation of the proceedings against these petitioners is erroneous and there was no any criminal intention to use the Government amount. Hence, the very initiation of the proceedings against the petitioners is nothing but abuse of process. The application is filed before the Court for discharge of the petitioners and the same has been rejected by the Court below.