Case Note & Summary
The petitioner, Gururaj Joshi, a practicing advocate, was arrayed as accused No.2 in Crime No.77/2011 registered at Chikkanayakanahalli Police Station for offences under Sections 409, 420, 467, 468, 471, 120B IPC. The complaint was filed by the second respondent, V. Selvaraj, who was the petitioner's former client. The allegations were that the petitioner colluded with accused Nos.1 and 3, who were business rivals of the complainant, to fabricate documents and commit fraud. The petitioner sought quashing of the FIR and complaint under Section 482 Cr.P.C. The court, after hearing the petitioner in person and the respondents, found that the allegations did not make out any criminal offence against the petitioner. The court noted that the complaint appeared to be a counterblast to the litigations pending between the complainant and accused Nos.1 and 3, and the petitioner was roped in due to his professional relationship with the complainant. The court held that continuing the proceedings would be an abuse of process of law and quashed the FIR and complaint against the petitioner.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 Cr.P.C. - Abuse of Process - The petitioner, an advocate, was accused of colluding with business rivals of his former client to fabricate documents and commit fraud. The court examined whether the allegations made out a prima facie case against the petitioner. Held that the FIR was liable to be quashed as the allegations did not disclose any criminal offence and the complaint was filed with malafide intentions to harass the petitioner. (Paras 1-3)
Issue of Consideration
Whether the FIR and complaint against the petitioner-advocate for offences under Sections 409, 420, 467, 468, 471, 120B IPC should be quashed under Section 482 Cr.P.C. as an abuse of process of law.
Final Decision
The petition is allowed. The complaint and FIR in Crime No.77/2011 registered by Chikkanayakanahalli Police Station are quashed insofar as the petitioner is concerned.
Law Points
- Quashing of FIR under Section 482 Cr.P.C.
- Abuse of process of law
- Criminal breach of trust by advocate
- Collusion with business rivals
- Inherent powers of High Court
Case Details
2014 LawText (KAR) (07) 15
Criminal Petition No.5314/2013
Gururaj Joshi (Party-in-Person), Sri Keshava Murthy (Addl. SPP for R1), Sri S. Rajendra and Sri D.R. Ravishankar (Advs. for R2)
The State of Karnataka and Sri V. Selvaraj
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal petition under Section 482 Cr.P.C. seeking quashing of FIR and complaint.
Remedy Sought
Quashing of complaint and FIR in Crime No.77/2011 registered by the first respondent-police for offences under Sections 409, 420, 467, 468, 471, 120B IPC.
Filing Reason
The petitioner, an advocate, was accused of colluding with business rivals of his former client to fabricate documents and commit fraud.
Issues
Whether the FIR and complaint against the petitioner should be quashed under Section 482 Cr.P.C. as an abuse of process of law.
Submissions/Arguments
Petitioner argued that the complaint was filed by his former client alleging collusion with business rivals, but no criminal offence was made out.
Respondents argued that the allegations required investigation and the petition should be dismissed.
Ratio Decidendi
The allegations in the complaint did not disclose any criminal offence against the petitioner, and continuing the proceedings would be an abuse of process of law. Hence, the FIR and complaint are liable to be quashed under Section 482 Cr.P.C.
Judgment Excerpts
Accused No.2 in Crime No.77/2011 registered with Chikkanayakanahalli police within the jurisdiction of JMFC Court, Chikkanayakanahalli, has come up in this petition seeking quashing of the complaint registered against him and others for offences punishable under Sections 409, 420, 467, 468, 471, 120B of IPC.
Admittedly, the complaint in Crime No.77/2011 is registered at the instance of second respondent Sri.V.Selvaraj, who is said to be the erstwhile client of petitioner Gururaj Joshi.
Procedural History
The petitioner filed Criminal Petition No.5314/2013 under Section 482 Cr.P.C. before the High Court of Karnataka at Bangalore seeking quashing of FIR and complaint in Crime No.77/2011. The petition was heard on 31st July 2014 and allowed.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 409, 420, 467, 468, 471, 120B
- Code of Criminal Procedure, 1973 (Cr.P.C.): 482
