Criminal Petition No. 200703/2016. Case: Syed Salauddin and Ors. Vs The State and Ors.. Karnataka High Court

Case Number:Criminal Petition No. 200703/2016
Party Name:Syed Salauddin and Ors. Vs The State and Ors.
Counsel:For Appellant: Anilkumar Navadagi, Advocate and For Respondents: Maqbool Ahmed, HCGP
Judges:B.A. Patil, J.
Issue:Code of Criminal Procedure, 1973 (CrPC) - Sections 155(2), 156(1), 156(3), 239, 482
Judgement Date:March 16, 2017
Court:Karnataka High Court
 
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Order:

B.A. Patil, J.

  1. This petition is filed by the petitioners/accused Nos. 1 to 4 under Section 482 of Cr.P.C., praying to quash the charge sheet in Crime No. 97/2012 of Humnabad Police Station, Dist. Bidar (C.C. No. 184/2015 pending on the file of JMFC, Humnabad).

  2. Brief facts of the case are that, a de-facto complainant Sakaram filed a private complaint on 03.07.2012 alleging that accused No. 1 has registered an Educational and Charitable Trust under the name and style of "Sadat Educational and Charitable Trust". Accused Nos. 2 to 4 are the Managing Trustees of the said Trust. Accused No. 1 started a school in the name and style of "Al-Qalam Model Primary School". In the said school, accused No. 4 was appointed as a Head Mistress. It is further alleged in the complaint that the accused persons have prepared a Pre-Matric scholarship list for the year 2011-12 and submitted to Director of Minorities, Government of Karnataka and were succeeded in getting approval of the scholarship list from the Government of Karnataka. It is further alleged that the enquiry held by the BEO on the complaint made by the complainant indicated that the school run by the accused/petitioners is illegal and on a letter by the BEO, Humnabad, the Pre-Matric scholarship sanctioned to the school was withheld. It is further alleged in the complaint that a mischief has been made by the accused in creating false and fabricated documents with an intention to cheat the public and Government. They were running school without any valid documents and without obtaining permission from the competent authorities. The learned JMFC referred the matter to investigation under Section 156(3) to the jurisdictional police and the jurisdictional police have registered a case in Crime No. 97/2012. As such, the petitioners are before this Court.

  3. I have heard the learned counsel appearing for the petitioners and the learned High Court Government Pleader appearing for the respondent-State.

  4. Sri Anilkumar Navadagi, learned counsel for the petitioners would contend that petitioner No. 1 has obtained the necessary permission from BEO, Humnabad and has registered Educational and Charitable Trust and school, thereafter he prepared the scholarship list and got approved from the Government of Karnataka. He would also contend that petitioner No. 1 has not played any fraud or has not cheated anybody, the school has been run in accordance with law and the complainant only with an intention...

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