Nijaguna Murthy G
(Querist) 15 March 2008
This query is : Resolved
Sir, The facts of the case are as under:
Two Deputy Directors (having the same name but initials differs) of a State Govt. Department are working at Two different places in the State. Details are: Their names are A. Ramanna & B. Ramanna respectively.
I- A. RAMANNA’S PARTICULARS:-
1)Name : -A. RAMANNA 2)Present Desgn: -Dy. Director 3)Present Place of working: -Bangalore 4)Year of joining into Service: -1992 5)Promoted as Supdt : -1998 6)Promoted as Asst. Director: -2003 7)Promoted & Presently working as DD at-Bangalore since 2007
II- B. RAMANNA’S PARTICULARS:-
1)Name : -B. RAMANNA 2)Present Desgn: -Dy. Director 3)Present Place of working: -Gulburga 4)Year of joining into Service: -1996 5)Promoted as Supdt : -1999 6)Promoted as Asst. Director: -2004 7)Promoted & Presently working as DD at-Gulburga since 2007
Both A. Ramanna & B. Ramanna were under the scanner of Lokayukta of the State since 2 to 3 months on suspession of possessig assets disprotionate to known source of income.
On a targetted day the Lokayukta Staff conducts raid on the house belonging to B. Ramanna at Bangalore and finds assets disproportionate to B. Ramanna's actual income.The name & initial of B. Ramanna & the address of his Residential House at Bangalore & details of other properties he owns at various localities of Bangalore are properly mentioned in the Source Information Report & FIR.Residential address in the Search warrant of B. Ramanna, DD, is also correctly recorded.
However office he is presently holding is recorded as "Presently working as DD,Bangalore" instead of DD, Gulburga, both in the Source Report & FIR.(Repeatedly mentioned as such for 6 times in the Source Report & FIR). Further, the search warant(issued by JMFC, Special Court of Bangalore City)in respect of the office of DD is issued says "B. Ramanna, DD, Bangalore" instead of Gulburga. Further there was no search warrant issued against his office at Gulburga. Lokayukta, after learning the fact during the time of raiding his house at Bangalore realizes that his office is at Gulburga & not at Bangalore & hence returns without raiding the DD office, at Bangalore.The case is under investigation by a Dy.SP of Lokayukta, since 3 months.
Now the queries are: A)Can B. Ramanna file a petition in the High Court of the State seeking squashing of FIR & further proceedings of Lokayukta, on the ground of MISTAKEN IDENTITY & DENIAL OF NATURE JUSTICE? If so, under what Sec. & Acts?? Are there any decided court Judgements of similar case?? (Pl. furnish details) B)If the judgement is in favour of B. Ramanna, is there any possibility of Lokayukta to file a fresh FIR and conduct/continue proceedings and prosecute B. Ramanna? C)Can B. Ramanna plead in the court to prove that it is a case of mistaken identity & instead of proceeding against A. Ramanna, Lokayukta have inadvertantly proceeded against him. Can B. Ramanna produce all the relevant documentary evidences which also clearly establishes that even A. Ramanna is also having Disproportionate Assets than his known source of Income & quntum of Assets of A. Ramanna are more than that B. Ramanna?? Since the issue is sensetive, can any body respond early Pl...??? G.N. Murthy.
(Expert) 16 March 2008
A petition can be filed under section 482 of Cr.PC to quash the FIR. But in my opinion the likelihood to quash is remote. Since, the police official can always correct the mistake at the time of laying the charge sheet. Mere wrong mention of place of accused when all other particulars relate to him would not suffice quashing the complaint against him.
(Expert) 03 April 2008
Dear Mr. Murthy, If a person has done a wrong, he is liable to be prosecuted and it does not matter whether he got caught up by mistake or what. The mistake done by the officers could have been attracted prosecution if your client had come with clean hands.