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2022 Supreme(Kar) 400

SURAJ GOVINDARAJ
Aruna Kannur, D/o. R. G. Pujar – Appellant
Versus
State of Karnataka, By Kengeri Police Station, Rep. by Public Prosecutor – Respondent


Advocates Appeared:
For the Petitioner: Sri. Sandesh J. Chouta, Sr. Counsel a/w Sri. Rohan Hosmath.
For the Respondents: Sri. Mahesh Shetty, HCGP, Sri. K.S. Ravi Kumar.

Judgement Key Points

Certainly. Based on the provided legal document, here are the key legal points:

  1. The law specifies that any person who commits an offence under the relevant provisions, knowing that the person or property belongs to a member of a Scheduled Caste or Tribe, shall be punishable with appropriate penalties and liable to fine [Point of Law].

  2. The order of a Magistrate referring a matter for investigation must demonstrate application of mind, including clear reference to the provisions invoked and the specific offences alleged. An order lacking such reasoning can be set aside for non-compliance with legal standards [Para 11].

  3. Investigation under criminal law should proceed in accordance with statutory provisions, and the Magistrate’s role is to direct the police to investigate, not to conduct a trial or assess the veracity of allegations at that stage. Orders that bypass the proper procedure or do not specify the investigating officer are liable to be quashed (!) (!) (!) .

  4. The powers of courts under Section 482 of the Criminal Procedure Code are to be exercised sparingly and primarily to prevent abuse of process or miscarriage of justice. Courts should not interfere in investigations unless there is clear evidence of mala fide, abuse, or absence of any prima facie offence (!) (!) (!) .

  5. The jurisdiction to quash criminal proceedings is limited to cases where the allegations do not prima facie constitute an offence or are manifestly frivolous or mala fide. The court should not delve into the merits or test the truth of the allegations at this stage; instead, it should focus on whether the allegations, on their face, disclose a cognizable offence (!) (!) .

  6. When allegations involve offences under specific protective legislation, such as the POA Act, the complaint must satisfy the ingredients of the offence, including wrongful dispossession, intimidation, or discrimination, and must not be used as a tool for harassment or abuse (!) (!) (!) .

  7. Compliance with procedural requirements, such as filing an affidavit or demonstrating prior complaints and attempts to resolve the issue, is essential to uphold the validity of a complaint under certain legal standards. Failure to do so can justify quashing proceedings (!) (!) .

  8. The authority to investigate under special legislation, such as the POA Act, generally rests with officers of a specified rank, and the Magistrate’s role is to refer the matter for investigation to the appropriate police officer, not to designate or appoint the investigating officer directly (!) (!) .

  9. Disconnection of essential services like electricity, especially when done without proper legal authority or on discriminatory grounds, can constitute an offence under applicable legislation, and such actions can be challenged in courts as unlawful or wrongful interference (!) (!) (!) .

  10. The courts emphasize that criminal proceedings should be initiated based on credible, sufficient, and non-frivolous allegations, and that the process should not be misused to settle personal or political scores. The court’s primary concern is to prevent abuse of the judicial process while ensuring genuine cases are investigated (!) (!) (!) .

  11. The court has the authority to quash criminal proceedings if it finds that the complaint is an abuse of process, false, vexatious, or filed with ulterior motives, and that continuing the investigation would serve no purpose or cause undue hardship (!) (!) .

  12. The order of the court in this case exemplifies the exercise of inherent jurisdiction to prevent misuse of the legal process, leading to the quashing of the complaint, FIR, and investigation, along with imposing costs on the complainant for abuse of the process [Result].

Please let me know if you need further analysis or specific legal advice related to this document.


ORDER :

1. In W.P. No.13059/2019 the petitioner No.1 who is accused No.1 and petitioner No.2 who is accused No.5 are before this Court seeking for the following reliefs :

    I. Set aside

(a) The complaint registered in PCR No.68/2018 produced at Annexure-E pending the file of the LXXI Addn. City and Sessions Judge and Special Judge at Bengaluru in PCR No.68/2012l;

(b) The order dated 27.12.2018 produced at Annexure-G referring the private complaint to the respondent No.1 Police for Investigation under section 156(3) of the code of criminal procedure, 1908;

(c) The order dated 29.12.2018 produced at Annexure-G referring the 'supplementary complaint" to the Respondent No.1 police for investigation u/s 156(3) of the code of criminal procedure, 1908;

(d) And the entire proceedings pending on the file of the LXXI Addn. City and Sessions Judge and Special Judge at Bengaluru in PCR No.68/2012;

II. Consequently, quash the FIR produced at Annexure-J in Crime No.82/2019 registered by the Kengeri Police Station, Bengaluru for offences punishable u/s 3(1)(g), 3(1)(p), 3(1)(q), 3(1)(u), 3(1)(z), 3(1)(zc), 3(2)(va) and section 4 of the schedule caste and schedule tribes (prevention of atrocities) act, 198

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