IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 19TH DAY OF AUGUST 2005
BEFORE
THE HON’BLE JUSTICE MOHAN SHANTHANAGOUDAR
CRIMINAL PETITON NO. 3175/2005
BETWEEN:
Prakash Bafna
. PETITIONER
AND:
1. State of Karnataka
By Police Sub-Inspector
Ulsoor Gate Police Station
Bangalore – 560002
2. Rajesh Reports Limited
RESPONDENTS
(By Sri Satish R. Giriji, HCGP., for R.I)
This Criminal Petition is filed under Section 482 Cr. P.C. praying to quash the criminal complaint PCR No.6210/2004 on the file of the IV ACMM, Bangalore and also quash the ‘C’ Report dated 01.12.2004 in FIR No. 102/2004 filed by the first respondent and quash the notice issued by the Police dated 30.07.2005 for appearance of the petitioners to answer the said criminal complaint.
This Criminal Petition coming on for admission this day, the Court made the following:
O R D E R
1. Heard Sri. M.G. Kumar learned counsel appearing for the petitioner and Sri. Satish R. Girji, learned Government Pleader appearing for the 1st respondent and perused the material on record.
2. The 2nd respondent herein has lodged a complaint alleging offences punishable under Section 406, 409 and 420 of IPC before the IV Addl. Chief Metropolitan Magistrate, Bangalore City, which is registered in Crime No. 6210/04. The said complaint is referred to Ulsoor Gate Police Station, for investigation under Section 156 (3) of Cr. P.C.
3. The complainant discloses that the accused approached the complainant company in the month of February 2004 and represented that he is a leading jeweller dealing in gold and gold ornaments and that he required certain gold ornaments on approval basis. In other words, he represented to the complainant that the gold ornaments should be delivered to him in trust and after being satisfied with the quality and quantity of the gold ornaments, the accused would be making the payment of the value of the gold ornaments to the complainant and if not satisfied with the gold ornaments, he would return back the same to the complainant. On such representation, the gold ornaments weighing about 1913.016 grams were handed over by the complainant to the accused. After taking the said gold ornaments, the accused neither gave back the gold ornaments to the complainant nor reimbursed the value of the gold. However, the representatives of the complainant went to the shop of accused on 20.04.2004, on which day, they found that the shop of the accused was locked. Subsequently also, the shop of the accused remained closed uninterruptedly. The gold ornaments are approximately valued at Rs.12 lakhs.
4. The aforesaid allegations made in the complaint prima facie disclose that the accused has committed the offence of criminal breach of trust and other offences. The investigation of the complaint is still under progress. As the complaint is still under investigation, and in view of prima facie material, the proceedings cannot be quashed at this initial stage and therefore, the petition is liable to be dismissed.
5. The petitioner has also sought for quashing the notice dated 30.07.2005 issued by the Assistant Commissioner of Police, Ulsoor Gate Sub-Division, Bangalore. By issuing the said notice, the Assistant Commissioner of Police has directed the petitioner to appear before him at 5.00 p.m. on 01.08.2005 to enquire in connection with Cr. No. 6210/2004. Though the said date i.e., 01.08.2005 is already over, learned counsel for the petitioner submits that the Assistant Commissioner of Police has been repeatedly sending words to the petitioner to appear before him. It is not in dispute that the Investigating Officer of Crime No. 6210/2004 is the Police Inspector of Ulsoor Gate Police Station, if it is so, the Assistant Commissioner of Police cannot direct the petitioner to appear before him in connection with the said crime. It is for the concerned Investigating Officer to investigate the crime in accordance with law. Of course, he can take the assistance of his superior officers also in that regard. However, as the Assistant Commissioner of Police is not the Investigating Officer of the crime, he could not have issued notice dated 30.07.2005. In view of the same, the following order is made:
The notice dated 30.07.2005 issued by the Assistant Commissioner of Police, Ulsoor Gate Sub-Division, Bangalore is quashed. It is open for the Investigating Officer of Crime No. 6210/2004 to proceed with the investigation in accordance with law. He can secure the presence of the accused for the purposes of investigation. The petitioner shall co-operate during investigation.
Criminal petition is disposed of accordingly.