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2025 DAILYLAW 40939 (KAR)

SRI ALOK SINGH v. STATE BY

CRL.P/9212/2025 · 2025-10-17

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:41626 CRL.P No. 9212 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9212 OF 2025 BETWEEN: SRI. ALOK SINGH @ ALOK KUMAR SINGH S/O AKHILESHWAR SINGH, AGED 43 YEARS, RESIDING AT NO.151/1-7, 4TH FLOOR, KALAPA NIVAS, ULSOOR, BANGALORE-560 008. NOW R/AT FLAT NO.A 1303, A- BLOCK, CENTURY ETHOS, BELLARY ROAD, OPP. SAHAKARNAGAR, BENGALURU-560 092. …PETITIONER (BY SMT. N. PADMAVATHI, ADVOCATE) AND: 1. STATE BY BYAPPANAHALI P S REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001. 2. BHAVANA CHABRA MANAGER, SBI BANK, BAGEMANE TECH PARK, C.V.RAMAN NAGAR, BENGALURU-560 093. …RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1; SRI. SHOWRI H.R., ADVOCATE FOR R2) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:41626 CRL.P No. 9212 of 2025 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO ALLOW THE PETITION, QUASH ALL THE PROCEEDINGS IN CRIME NO.387/2014 (C.C.NO.52242/2015 OF THE BYAPPANAHALLI POLICE) NOW, CASE PENDING ON THE FILE OF THE SESSIONS JUDGE IN S.C.NO.1062/2024 ON THE FILE OF THE XIII ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-22), MAYO HALL, BENGALURU FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 489B AND 489C OF IPC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is aggrieved by the initiation of criminal proceeding against him in SC No.1062/2024 on the file of the XIII Additional City Civil and Sessions Judge, Mayo Hall, Bengaluru, for the offence punishable under Section 489B and 489C of IPC. 2. FIR in Cr.No.387/2014 of Byappanahalli Police Station, was registered against one Lambhodar doly, for the offence punishable under Section 489B and 489C of IPC, on a complaint lodged by the Manager, SBI Bank, Bagamane Techpark, C.V.Raman Nagar, Bengaluru City. - 3 - HC-KAR NC: 2025:KHC:41626 CRL.P No. 9212 of 2025 3. It is alleged in the complaint that on 14.10.2014 at about 11.30 a.m., the said accused named in the FIR came to the SBI Bank and deposited 2 counterfeit currency notes of Rs.1,000/- denomination, who on enquiry informed that the said notes were given by one Ravindra Kumar, the field officer, where he was working, towards salary. On registration of the case, the police took up investigation and in the course of investigation, accused No.2 by name Ravindra Kumar was arrested and from his possession, 28 counterfeit currency notes of Rs.1,000/- denomination were seized. 4. Chargesheet is filed for the offence punishable under Section 489B and 489C of IPC against three accused wherein the petitioner is arraigned as accused No.1. As per chargesheet allegations, the petitioner i.e., accused No.1 has given the counterfeit currency notes for circulation to accused No.2, from whom about 28 counterfeit currency notes were seized. However, there is no material collected by the prosecution except the - 4 - HC-KAR NC: 2025:KHC:41626 CRL.P No. 9212 of 2025 confessional statements of the accused to show that the notes were handedover by the petitioner either to accused No.2 or accused No.3 (accused No.1 in the FIR). 5. To invoke Section 489B and 489C of IPC, it is to be shown that either the accused was in possession of the counterfeit currency notes or he was trafficking or using the said notes as genuine. Insofar as the allegations that the petitioner has given the counterfeit currency notes to accused No.2, as already noted above, no material has been collected by the prosecution except the voluntary statement. Admittedly, no counterfeit currency notes are recovered from the possession of the petitioner. Continuation of proceedings against the petitioner would amount to abuse of process of the Court. Hence, the proceeding against the petitioner is liable to be quashed. Accordingly, the following: ORDER I. Petition is allowed. - 5 - HC-KAR NC: 2025:KHC:41626 CRL.P No. 9212 of 2025 II. The entire proceedings as against the petitioner/accused No.1 pending in SC No.1062/2024 on the file of the XIII Additional City Civil and Sessions Judge, Mayo Hall, Bengaluru, is quashed. I.A.No.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 55