Case Note & Summary
The petitioner, R. Parameshwara, filed a criminal petition under Section 482 of the Criminal Procedure Code, 1973 (CrPC) challenging the concurrent findings of the III Additional Chief Metropolitan Magistrate, Bangalore, and the Fast Track and Sessions Court-XVI, Bangalore, which had dismissed his complaint and accepted the 'B' report filed by Banashankari Police Station. The petitioner was the erstwhile owner of land bearing Sy. No.58/2 of Kathriguppe Village, Uttarahalli Hobli, Bangalore South Taluk. He had formed sites and given a power of attorney in favor of one Prabhakar, the husband of the first respondent. The complaint was filed in FIR No.228/2009 against the respondents, alleging that the first accused (Prabhakar) had sold a portion of the property without authority, thereby committing offences under Sections 415, 416, 418, 420 and 423 of the Indian Penal Code, 1860 (IPC). The police investigated and filed a 'B' report (closure report) stating that the matter was civil in nature. The Magistrate accepted the 'B' report and dismissed the complaint. The petitioner's revision before the Sessions Court was also dismissed. The High Court, after hearing the petitioner's counsel, noted that the dispute was essentially civil in nature, arising from a power of attorney transaction, and that there was no criminal intent. The court held that the concurrent findings of the courts below did not warrant interference under Section 482 CrPC, as the inherent powers are not meant to convert civil disputes into criminal cases. The petition was accordingly dismissed.
Headnote
A) Criminal Procedure Code - Inherent Powers - Section 482 CrPC - 'B' Report - The High Court declined to interfere with the concurrent findings of the Magistrate and Sessions Court accepting the police 'B' report, as the complaint essentially pertained to a civil dispute regarding sale of property by a power of attorney holder, lacking criminal intent. Held that the inherent powers under Section 482 CrPC are not to be exercised to convert a civil dispute into a criminal case (Paras 1-3).
Issue of Consideration
Whether the High Court should interfere under Section 482 CrPC with the concurrent findings of the courts below accepting the 'B' report filed by police in a complaint alleging offences under Sections 415, 416, 418, 420 and 423 of IPC.
Final Decision
The High Court dismissed the criminal petition, upholding the concurrent findings of the courts below accepting the 'B' report.
Law Points
- Section 482 CrPC
- inherent powers
- concurrent findings
- 'B' report
- cheating
- criminal breach of trust
- civil dispute
- power of attorney
