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K.NATARAJAN
E. S. Praveen Kumar S/o. E. Shivaiah – Appellant
Versus
State Of Karnataka – Respondent
ORDER :
W.P.No.5243/2022 is filed by the petitioner accused No.3 under Article 226 and 227 of Constitution of India read with 482 of Cr.P.C for issue of writ of certiorari or order or direction of appropriate in nature for quashing the FIR and complaint and the charge sheet filed by the Byadarahalli Police Station in respect of Crime No.404/2021 pending on the file of Principal District and Sessions Judge, Bangalore Rural District in S.C.No.21/2022 for the offence punishable under Section 306 of IPC.
2. In Crl.P.No.2807/2022 filed by the same accused No.3 under Section 439 of Cr.P.C for enlarging petitioner on bail in the same S.C.No.21/2022 (Crime No.404/2021).
3. Whereas Crl.P.No.3302/2022 filed by the accused No.2 under Section 439 of Cr.P.C for enlarging him on bail in the same S.C.No.21/2022 (Crime No.404/2021).
4. Heard the arguments of learned senior counsel Hasmath Pasha in Writ Petition No.5243/2022 as well as Criminal Petition No.2807/2022 and counsel for petitioner in Crl.P.No.3302/2022 and learned S.P.P.-II and HCGP for the State.
5. The case of the prosecution is that on the first information report lodged by the Police Inspector of Byadarahallai Police Station, Sub-Inspect
Point of Law : Section 537 of the Code of Criminal Procedure which is in the following terms is attracted Subject to the provisions herein before contained, no finding, sentence or order passed by a ....
Point of Law : Cognizance and trial cannot be set aside unless the illegality in the investigation can be shown to have brought about mis-carriage of justice.
The authority to file a charge sheet rests solely with the Investigating Officer, and any directive from a superior officer is unlawful, violating the right to a fair investigation.
Investigation proceedings remain valid despite procedural defects if sufficient substantive evidence supports charges, emphasizing the necessity of proper police authorization and hierarchical compli....
The empowering of CCB police under Karnataka Police Act is valid, allowing them to file charge sheets in criminal proceedings against the accused for dowry and cruelty.
A petition for quashing criminal proceedings can be dismissed even if one accused has died, as long as there is no legal bar to continuing against the living accused and factual disputes should not b....
Point of law : In exercising powers under Section 227 of the Code of Criminal Procedure, the settled position of law is that the Judge while considering the question of framing the charges under the ....
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