Back
K. NATARAJAN
Amasasetty – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
K. Natarajan, J. - Learned High Court Government Pleader accepts notice for the respondent No.1-State.
2. Looking to the facts and circumstances of the case, issuance of notice to respondent No.2 is dispensed with.
3. This petition is filed by the petitioner-accused under Section 482 of Cr.P.C. for quashing the criminal proceedings based upon the PCR No.167/2014, now pending in C.C.No.2251/2022 for the offences punishable under Sections 406, 408, 415, 420 of IPC.
4. Heard the arguments of learned counsel for the petitioner and learned High Court Government Pleader for the respondent No.1-State.
5. The learned counsel for the petitioner submits that there was a theft in Maramma Temple and on the complaint lodged by one Shankarmurthy, the Police registered a FIR in Crime No.58/2014 for the offence punishable under Sections 457 and 380 of IPC and the matter is said to be under investigation and at the same time, respondent No.2-Gurumalappa filed a private complaint under Section 200 of Cr.P.C. against this petitioner seeking cognizance for the offence punishable under Sections 406, 408, 415, 420 of IPC alleging that this petitioner is said to be the Archaka (priest) of the temple.
The mandatory provision of Section 210 CrPC requires the Magistrate to consider cancellation reports before proceeding with a complaint case, and failure to do so vitiates the proceedings.
Point of law: Protest petition -Pending of investigation by Police – Provisions of Section 210 are squarely attracted - Transfer of investigation - Justified
Judicial process cannot be allowed to be used as an instrument of oppression against anybody.
Continuation of dual criminal proceedings based on identical allegations violates Section 210 of the Code of Criminal Procedure, leading to abuse of court process and is unsustainable.
The trial magistrate must call for a police report when both a complaint and police investigation exist for the same offence, as mandated by Section 210 of CrPC.
Point of law: There is no room for any doubt to come to a conclusion that once offences under Section 193 to 196, 199, 200, 205 to 211, 228 IPC is alleged to have been committed in or in relation to ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
