M.R.SHAH, B.V.NAGARATHNA
Suvarna Cooperative Bank Ltd. – Appellant
Versus
State Of Karnataka – Respondent
JUDGMENT :
M.R. Shah, J.
1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 17.07.2014 passed by the High Court of Karnataka passed in Criminal Petition No.5763 of 2013 by which the High Court has quashed the criminal proceedings against the private respondent herein for the offences under Sections 120B, 408, 409, 420 and 149 of IPC, the original complainant has preferred the present appeal.
2. That criminal proceedings were initiated against the private respondent herein and others. The complainant - bank filed the complaint under Section 200 Cr.P.C. before the Court of learned Addl. Chief Metropolitan Magistrate, Bangalore being PCR 15250 of 2009 (re-numbered as CC 22308 of 2012). Thereafter an FIR (Crime No.127 of 2010) was registered before the Chickpet Police Station under Sections 120B, 408, 409, 420 and 149 of IPC. That on completing the investigation a charge-sheet was filed against the private respondent herein. The private respondent herein - original accused no.1 approached the High Court by way of Criminal Petition No.5763 of 2013 to quash the criminal proceedings in exercise of powers under Section 482 Cr.P.C.
2.1 By the impugned judgment and
Merely because some of persons who might have committed offences are not charge-sheeted, cannot be a ground to quash proceedings against accused charge-sheeted after having found prima facie case aga....
Exercise of inherent jurisdiction – Stage and timing of settlement play a crucial role in determination as to whether to exercise power under Section 482 of Cr.P.C. 1973 or not.
At the stage of discharge and/or quashing of criminal proceedings, while exercising powers under Section 482 Cr.P.C., Court is not required to conduct mini trial – Charges are required to be proved d....
High Court must pass a speaking and reasoned order – When serious allegations for offences under Sections 307, 504, 506 of IPC and Section 3(10)(15) of SC/ST Act were made, High Court ought to have b....
The court has the power to quash proceedings if they conclude that allowing the proceeding to continue would be an abuse of process of the Court.
Redundant criminal proceedings should not be allowed to continue.
The central legal point established in the judgment is that the absence of elements such as fraudulent inducement and dishonest misappropriation can lead to the quashing of criminal proceedings under....
Quash of Criminal proceedings - Mere because the criminal law was set into motion on filing of a complaint, it cannot be the cardinal principle for continuity of proceedings as wherein the recovery p....
A second quashing petition under Section 482 Cr.P.C. is not maintainable if the grounds were available during the first petition, reinforcing the prohibition against repeated submissions based on pre....
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