(Prayer: This Criminal Petition is filed u/Sec. 482 of Cr.P.C., 1973, praying to quash the said Criminal Proceedings in Criminal Case No.281/2017 pending on the file of Addl. Civil Judge and JMFC Court, Raibag, on the basis of charge sheet filed by the Kudachi PS in Crime No.189/2014 as against the petitioner herein as sole accused for the alleged offence punishable under Sections 408, 465, 468, 471 and 420, by allowing this Criminal Petition, in the interest of justice and equity.)

Oral Order

1. This petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.') seeking quashing of proceedings in Crime No.189 of 2014 of Kudachi Police Station registered in Criminal Case No.281 of 2017 on the file of Additional Civil Judge and JMFC Court, Raibag (for short, 'the Trial Court') for the offences punishable under Sections 408, 465, 468, 471 and 420 of the Indian Penal Code, 1860 (for short, 'IPC').

2. The learned counsel appearing for the petitioner argued that, the petitioner is not employed by the respondent No.2/Panchayat in any capacity. He was appointed orally on the instructions of Members and Adhyaksha of the Gram Panchayat, Kappalguddi village of Raibag Taluka in view of heavy work load during the said period (i.e. from 01.01.20211 to 31.12.2020) and to assistant the PDO and other staff. While working as a Clerk, the petitioner has allegedly created documents in respect of Government Gayaran Land bearing Sy.No.26 measuring 22 acres 7 gunta and he has also created the revenue records in respect of 8 persons in the Kappalguddi village by affixing signature of the PDO and seal of the Gram Panchayat. Hence, he has committed the criminal breach of trust, forgery, cheating and thereby committed the alleged offences as stated in the complaint lodged on 23.07.2014 by the 2nd respondent/PDO after lapse of four years from the date of offence.

3. Further, it is contended that the 1st respondent without properly investigating into the matter, charge sheet has been filed, on untenable statements and documents collected by the 1st respondent, hence the petitioner has been falsely implicated in the present case and prayed for quashing of the proceedings.

4. Per Contra, the learned HCGP Smt. Deepthi Alva, appearing for respondent No.1/State contended that after petitioner has committed the offences during the course of his employment, he was duly employed by respondent No.2/Panchayat and he has created the false documents and thereby committed the said offences before the trial Court already charge has been framed against him and trial is going on and without detailed trial, only on the basis of the contention of the petitioner, this Court cannot quash the proceedings and hence, prays for dismissal of the petition.

5. The charge sheet has been filed against the petitioner for the offences punishable under Sections 408, 465, 468, 471 and 420 of IPC. On going through the charge sheet, after collecting the requisite documents as well after recording the statement of 14 witnesses about breach of trust committed by the petitioner and it is also stated that revenue records also changed into their names in all collected revenue records in respect of 8 persons by the petitioner. Thereby it needs detailed trial. Without trial at this stage, the petition cannot be quashed. Hence, there is no merit in the petition. Accordingly, this petition is dismissed. Any observations made by this Court while disposing of this petition cannot be considered while disposing of the merits of the case.

In view of dismissal of the petition, pending applications, if any do not survive for consideration. Accordingly, same are also disposed of.