Joint complaint under criminal procedure rejected where dispute over trust property was treated as essentially civil.
The Karnataka HC noted that the Code of Criminal Procedure contains no express provision permitting two or more complainants to file a single complaint, and treated a joint complaint as contrary to the scheme of the Code. It also found that allegations concerning trust assets, possession, and entitlement to return of property disclosed a dispute over civil rights and remedies. On that basis, the controversy was regarded as civil in nature, making criminal prosecution inappropriate. The order issuing process was set aside and the complaint proceedings were brought to an end.
Issues: (i) Whether a joint complaint is envisaged under the Code of Criminal Procedure, 1973; (ii) Whether the dispute between the parties is of a civil nature and therefore not fit for criminal prosecution.
Issue (i): Whether a joint complaint is envisaged under the Code of Criminal Procedure, 1973
Analysis: The Code contains no provision expressly permitting two or more complainants to present a single complaint. In the absence of any enabling provision, the filing of a joint complaint was held to be contrary to the scheme of the Code.
Conclusion: A joint complaint is not envisaged under the Code and the objection to maintainability was upheld.
Issue (ii): Whether the dispute between the parties is of a civil nature and therefore not fit for criminal prosecution
Analysis: The allegations disclosed a dispute regarding trust assets, possession, and entitlement to demand return of properties. The complainants' own notice and the reply received showed a contest over rights in property. On those facts, the controversy was held to be essentially one concerning civil rights and remedies, for which recourse lay in the civil court and not by criminal process.
Conclusion: The dispute was held to be civil in nature and the criminal proceedings were not warranted.
Final Conclusion: The order issuing process was set aside and the complaint proceedings were brought to an end.
Ratio Decidendi: Where the substance of the controversy is an assertion of competing rights over trust property, and no enabling provision in the Code authorises a joint complaint by multiple complainants, criminal process cannot be used to resolve the dispute.
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