SANJAY KAROL, N. KOTISWAR SINGH
State by Lokayuktha Police – Appellant
Versus
K. Rangayya – Respondent
JUDGMENT :
NONGMEIKAPAM KOTISWAR SINGH, J.
1. Leave granted.
2. The present appeal, filed by the State through the Lokayuktha Police, Karnataka, challenges the impugned final Judgment and Order dated 23.01.2024 passed by the High Court of Karnataka at Dharwad in Writ Petition No. 104236 of 2023, whereby the High Court allowed the writ petition filed by the Respondent No. 1 - Sri K. Rangayya and quashed the FIR bearing Crime No. 04/2023 dated 03.06.2023, registered against the Respondent No. 1 under Section 7(a) of the Prevention of Corruption Act, 1988 (hereinafter referred to as “PC Act”), at the Karnataka Lokayukta Police Station, Bellary, along with all proceedings emanating therefrom qua the said Respondent No. 1, on the ground that, there was neither any demand made by the Respondent No. 1 nor any acceptance of any money by him.
3. The facts material to the adjudication of this matter, as regards the prosecution case and as emerging from the record before us are that the Respondent No. 1 was serving as a Police Sub-Inspector (hereinafter “PSI”) posted at Siruguppa Police Station, Bellary District, Karnataka. On 15.03.2023, in the afternoon hours, when the Respondent No. 2/Complain
K. Shanthamma v. State of Telangana
State of Haryana v. Bhajan Lal
Jagtar Singh v. State of Punjab
K. Shanthamma v. State of Telangana
Devinder Kumar Bansal v. State of Punjab
K. Shanthamma v. State of Telangana
Soundarajan v. State Represented by the Inspector of Police
Proof of demand and acceptance of bribe is essential under the Prevention of Corruption Act; absence of such evidence warrants quashing of FIR.
The court held that allegations of bribery against a public servant, supported by video evidence, constitute a cognizable offence, and FIRs should not be quashed unless they are patently absurd or do....
Point of Law : Power under Section 482 Cr.P.C. to quash criminal proceedings, High Court would have to proceed entirely on basis of allegations made in complaint or documents accompanying same per se....
The demand and acceptance of bribes must be proven for prosecution under the Prevention of Corruption Act, highlighting its critical role in establishing culpability.
The judgment established the principle that a second FIR for the same cause may not be permissible if the incidents could have been investigated in the first FIR, and that the abuse of power by the I....
The main legal point established in the judgment is the requirement of specific and credible evidence to establish the commission of a cognizable offence, especially in cases involving allegations of....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.