SRI. A. THIMMAPPA vs STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:60970
CRL.P No. 5065 of 2023
CNR: KAHC010264782023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ND
DATED THIS THE 2 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 5065 OF 2023
BETWEEN:
1. SRI A. THIMMAPPA
AGED ABOUT 66 YEARS
S/O BADRAPPA
RETIRED MANAGER AT MAMCOS
CHANNAGIRI, RESIDENT OF
KEMPANAGADDE VILLAGE
KONANADURAU HOBLI, THIRTHALLI
SHIVAMOGGA DISTRICT - 577 422.
2. SRI SURESH
AGED ABOUT 51 YEARS
S/O SHIVARAMAIAH
MANAGER AT MAMCOS
APMC YARD, BIRUR TOWN
KADURU TALUK
CHIKMAGALURU DISTRICT - 577 116.
3. SRI DHARMARAJU
AGED ABOUT 51 YEARS,
S/O ANANDA MURTHY
CLERK AT MAMCOS TARIKERE
APMC YARD, TARIKERE TOWN
TARIKERE TALUK
CHIKMAGALURU DISTRICT - 577 228.
4. SRI MURUGESH
AGED ABOUT 56 YEARS
S/O NAGAPPA
MANAGER AT MAMCOS
Digitally
signed by
NANDINI D
Location:
HIGH COURT
OF
KARNATAKA
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CRL.P No. 5065 of 2023
CNR: KAHC010264782023
APMC YARD,SAGAR ROAD
SHIVAMOGGA - 577 204.
…PETITIONERS
(BY SRI R. KIRAN, ADV.)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY
CHANNAGIRI POLICE STATION
DAVABAGER 577213
REPRESENTED BY SPP
HIGH COURT COMPLEX
BENGALURU-560001.
2. SRI S.R. SHIVAKUMAR
S/O LATE SRI REVANASIDDAPPA
AGED ABOUT 44 YEARS
RESIDENT JOF HONNEMARADALLI
VILLAGE, NEETHIGERE POST
CHANNAGIRI TALUK
DAVANGER - 577 215.
3. THE MALNAD ARECANUT MERCHANTS
CO-OPEARTIVE SOCEITY
BY ITS BRANCH MANAGER
APMC YARD, CHANNAGIRI TALUK
DAVANGER - 577 213.
…RESPONDENTS
(BY SRI RAHUL RAI K, HCGP FRO R-1;
SRI K.B. GOPAL, ADV., FOR R-2
V/O 02.11.2026 NOTICE TO R-3 IS DISPENSED WITH)
THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH
THE ENTIRE CRIMINAL PROCEEDINGS INITIATED AGAINST THE
PETITIONERS IN PCR NO.39/2022 AND FIR CR.NO.52/2023
BEFORE THE COURT OF 1ST ADDITIONAL CIVIL JUDGE AND
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HC-KAR
NC: 2026:KHC:60970
CRL.P No. 5065 of 2023
CNR: KAHC010264782023
JMFC, CHANNAGIRI, DAVANGERE, FOR THE OFFENCE P/U/S
427, 34, 120B, 212, 409, 420 AND 468 OF IPC, 1860 FILED BY
THE CHANNAGIRI POLICE STATION AT ANNEXURE A AND
ANNEXURE C AND ALLOW THIS CRIMINAL PETITION.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
This petition under Section 482 of the Code of
Criminal Procedure, 1973 (hereinafter referred to as
'Cr.P.C' for short) is filed by accused Nos.1 to 4 with a
prayer to quash the entire proceedings in Crime
No.52/2023 registered by Channagiri Police Station,
Davanagere for the offences punishable under Section
427, 34, 120B, 212, 409, 420 and 468 of IPC, 1860
arising out of PCR.No.39/2022 filed before the Court of I
Additional Civil Judge and JMFC, Channagiri, Davanagere.
2. Heard the learned counsel for the parties.
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CRL.P No. 5065 of 2023
CNR: KAHC010264782023
3. Respondent No.2 herein had filed
PCR.No.39/2022 before the jurisdictional Court of
Magistrate, which was referred to the Police by the learned
Magistrate in exercise of his powers under Section 156(3)
of the Cr.P.C. In turn, Chennagiri Police Station,
Davanagere had registered FIR in Crime No.52/2023 for
the aforesaid offences against the petitioners herein and
the Co-operative society of which the petitioners are the
employees. Assailing the same, the petitioners who are
arrayed as accused Nos.1 to 4, are before this Court.
4. In the private complaint which is filed by
respondent No.2 herein, it is alleged that, for the period
between 07.02.2013 to 03.02.2015, arecanut which was
deposited by respondent No.2 totally weighing 1006.5
kilograms in accused No.5/Co-operative Society was sold
by accused Nos.1 to 4, who are the employees of the Co-
operative Society, by creating fraudulent vouchers and
forging the signature of respondent No.2 herein, thereby
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CRL.P No. 5065 of 2023
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causing a loss to the tune of Rs.1,25,65,240/- to
respondent No.2.
5. During the course of arguments, learned
counsel for the petitioners pointed out to this Court that a
complaint making similar allegations was filed by
respondent No.2 before the Assistant Registrar of Co-
operative Societies, Shivamogga and pursuant to the said
complaint, an enquiry was held by the Enquiry Officer,
who had submitted a report on 11.09.2019, stating that
no misappropriation had taken place in accused No.5 Co-
operative Society, as alleged by respondent No.2. Based
on the said report, the complaint by respondent No.2
herein was closed by the Office of the Assistant Registrar
of Co-operative Societies, Shivamogga, vide order dated
03.10.2019. Undisputedly, the said order has not been
questioned by respondent No.2 herein before the
appropriate forum in accordance with law.
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CRL.P No. 5065 of 2023
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6. It appears that subsequent to the closure of his
complaint before the Office of the Assistant Registrar of
Co-operative Societies, Shivamogga, respondent No.2 had
filed a police complaint on 14.01.2022. Based on the said
complaint, also an enquiry was held and a report was filed
by the Inspector of Police, Chennagiri Police Station,
Davanagere stating that no such misappropriation had
taken place in the office of accused No.5 Co-operative
Society, as alleged by respondent No.2.
7. After having suffered two adverse reports on
the complaint made by respondent No.2 herein, which
were not questioned by him in accordance with law, he
had proceeded to file a private complaint before the Court
of jurisdictional Magistrate, which has now been referred
to the Police for the purpose of investigation.
8. A reading of the private complaint would go to
show that the allegations which were made earlier in the
complaint that was filed before the Assistant Registrar of
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CRL.P No. 5065 of 2023
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Co-operative Societies, Shivamogga and also before the
Police in the complaint that was filed in the year 2022
have once again been reiterated in the private complaint
which is now filed before the jurisdictional Magistrate.
Since two adverse reports have been already submitted by
the competent authorities after holding an enquiry in
accordance with law, I am of the opinion that continuation
of the impugned criminal proceedings against the
petitioners based on similar allegations would amount to
abuse of the process of law. The petitioners herein are the
employees of the Co-operative Society and asking them to
face the ordeal of unnecessary litigation would not only
cause them embarrassment but the same would also
cause them serious hardship.
9. Under the circumstances, I am of the opinion
the prayer made in this petition for quashing the
proceedings needs to be granted. Accordingly, the
following:
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CRL.P No. 5065 of 2023
CNR: KAHC010264782023
ORDER
i) The criminal petition is allowed .
ii) The entire proceedings in Crime No.52/2023
registered by Channagiri Police Station, Davanagere for
the offences punishable under Section 427, 34, 120B, 212,
409, 420 and 468 of IPC, 1860 arising out of
PCR.No.39/2022 filed before the Court of I Additional Civil
Judge and JMFC, Channagiri, Davanagere, is hereby
quashed against the petitioners herein.
Sd
/-
(S VISHWAJITH SHETTY)
JUDGE
SHS
List No.: 2 Sl No.: 6