K A RAVINDRANATHAN Vs. K RAVINDRA NAIR
HIGH COURT OF CHHATTISGARH
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(1.) Petitioner has filed this petition
under Section 482 of Cr.P.C., for quashing the
criminal complaint and proceeding
in Criminal Case No. 797/2001 (K. Ravindra
Nair v. K. A. Ravindranathan) pending in the
Court of Judicial Magistrate First Class (Ku.
Pratibha Sathwane), Jabalpur.
(2.) Both, petitioner and respondent No. 1
are the members of Indian Coffee Workers
Co-operative Society Ltd., Head Quarter 592,
Malviya Marg, Jabalpur (MP). Indian Coffee
Workers Co-operative Society Ltd. has its
more than 50 establishments located in the
States of M.P., Orissa, Kerala, A.P. and
Chhatisgarh etc. The respondent No. 1 is
working as a Senior General manager in the
said society, prior to him the petitioner was
the General Manager of the said society. In
the month of March, 1999 for the membership
of Managing Committee election took
place and the petitioner contested to it, who
lost the same. Thereafter he filed a complaint
on 29-11 -1999 against respondent No. 1 K.
Ravindra Nair, O. K. Rajgopalan and P. S.
Nair in the Court of Chief Judicial Magistrate
Durg, alleging that the Society had no
branches at NTPC Nagpur and
Padmanabhpur, however, under an illegal
agreement, Coffee Houses at these places
are running and the income derived therefrom
is fraudulently earned by O. K.
Rajgopalan who never deposited a single
penny in the account of Indian Coffee
Workers Co-operative Society Ltd., Jabalpur and
misappointed the same. P. S. Nair and K.
Ravindra Nair, are also jointly responsible
and accountable as they are maintaining the
account of the said Society. The offence was
committed by these persons at Padmanabhpur/Durg
and the offences committed by them
are covered under Sections 409, 420, 467
and 471 of the I.P.C. Judicial Magistrate
First Class, Durg took the cognizance of the
offence and after recording the evidence
under Section 200 of the Cr.P.C. and enquiry
as envisaged under Section 202 of the
Cr.P.C., registered a criminal case bearing
No. 144/2001. Respondent No. 1, K.
Ravindra Nair aggrieved by the said
complaint and its proceeding challenging the
legality and validity, filed a writ petition
under Articles 226/227 of the Constitution
of India before the High Court of M.P. at
Jabalpur which was registered there as Writ
Petition No. 1771/2001.
(3.) The aforesaid writ petition was disposed
of by the High Court of M.P. vide order
dated 30-4-2001 holding that the High
Court has jurisdiction to entertain the said
writ petition, however, the petitioner who
filed the said writ petition submitted that
the writ petition may be disposed of by
observing that it would be open to the
petitioner to file appropriate proceeding before
the competent Court in the State of
Chhattisgarh and accordingly the High
Court of M.P. refrained itself from addressing
in regard to defensibility of the order
passed by the Judicial Magistrate First
Class, Durg and left the matter in the
discretion of the said petitioner to assail the
same, if so advised, before the Court in the
State of Chhattisgarh. K. Ravindra Nair, did
not assail the matter before any competent
Court in the State of Chhattisargh, but instead
of doing so he filed a complaint under
Sections 499 and 500 of the I.P.C. against
the petitioner before Judicial Magistrate
First Class, Jabalpur (Ku. Pratibha
Sathwane) who took cognizance under
Section 500 of the I.P.C. against the petitioner,
K. A. Ravindranathan and registered the
criminal case bearing No. 797/2001 against
him. K. Ravindra Nair in that complaint very
specifically stated that since K. A.
Ravindranathan lost the election has started
making false report before the Police Authority
at Durg, making allegation against K.
Ravindra Nair and when the Police refused
to register the case, the petitioner, K. A.
Ravindranathan filed a false, frivolous,
vexatious complaint before the Judicial
Magistrate First Class, Durg, against Shri K.
Ravindra Nair for committing offence under
Sections 409, 420, 467 and 471 of the I.P.C.
Upon the complaint of the petitioner, learned
Judicial Magistrate First Class, Durg sent
the papers to Police Authorities for
investigation under Section 156(3) and the Police
Authorities after investigation submitted the
report, holding that no case is made out
against the respondent No. 1.;
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