Facts
The complainant alleged that he and his family invested ₹1,09,50,000 in a scheme promoted by Aala Ventures Ltd. and that the promoters initially paid profits but later failed to repay the investments
Source reference: p. 3–4The police charge-sheeted the petitioners as accused Nos. 8 and 9, alleging that they threatened investors who visited the office seeking repayment; the petitioners sought quashing under Section 482 of the Cr.P.C.
Source reference: p. 4They relied on the quashing of proceedings against accused No. 10, whom they said was similarly placed
Source reference: p. 5The State opposed the petition, contending that witness statements disclosed the petitioners’ involvement
Source reference: p. 5Issues
1. Whether the complaint and charge-sheet materials disclosed a sufficient basis to continue proceedings against the petitioners for the alleged offences, given that the allegations against them concerned threats to investors seeking repayment
Source reference: p. 6–72. Whether the proceedings against the petitioners should be quashed on the ground of parity with accused No. 10, whose petition had been allowed
Source reference: p. 5, 7Law Applied
The petition was brought under Section 482 of the Cr.P.C., which the Court invoked to quash proceedings where their continuation, in the absence of specific material disclosing the petitioners’ involvement, would amount to an abuse of the process of law
Source reference: p. 3, 7–8The alleged offences were under Sections 420, 406, 506 and 120B read with Section 34 of the IPC, Sections 3, 4 and 5 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978, and Section 9 of the Karnataka Protection of Interest of Depositors in Financial Establishments Act, 2004
Source reference: p. 3The Court also applied parity, reasoning that substantially similar allegations and material against accused No. 10, whose proceedings had been quashed by a co-ordinate Bench, supported the same relief for the petitioners
Source reference: p. 7Reasoning
The Court found that the complaint principally attributed the establishment and promotion of the scheme, collection of funds, and failure to repay investors to accused Nos. 1–7. It disclosed no specific role for the petitioners in inducing investments, receiving funds, or committing cheating or criminal breach of trust
Source reference: p. 6The charge-sheet’s allegation that the petitioners threatened investors seeking repayment did not, by itself, connect them to the alleged investment fraud
Source reference: p. 6–7Since the allegations and material against accused No. 10 were substantially similar and his proceedings had been quashed, the Court found no basis to reach a different conclusion for the petitioners
Source reference: p. 7Holding
The Court answered the issues in the petitioners’ favour and allowed the petition.
It quashed the proceedings against accused Nos. 8 and 9 in Spl.C.C. No. 1443/2019, arising out of Crime No. 594/2018, for the offences charged
Source reference: p. 8Acts & Sections Cited
9 provisions across 4 statutes referred to in this judgment. Each provision opens on LawLens.
Code of Criminal Procedure, 19731
Indian Penal Code, 18604
KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN FINANCIAL ESTABLISHMENTS ACT, 20041
Original Court PDF
SALIM PASHA @ CHAINI SALEEMvsTHE STATE OF KARNATAKA
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