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K. NATARAJAN
Ditul Mehta, S/o Sri Yeshwanth Mehta – Appellant
Versus
State Of Karnataka – Respondent
| Table of Content |
|---|
| 1. evidentiary grounds for dowry-related offences. (Para 1 , 2 , 3 , 6) |
| 2. powers of police regarding investigations and charge sheets. (Para 4 , 5 , 10) |
| 3. validity of government notifications pertaining to police investigations. (Para 20 , 28 , 36) |
| 4. concluding observations on the sustainability of charges. (Para 50 , 62) |
ORDER :
Criminal Petition No.2450/2022 is filed by petitioner Nos.1 to 5 -accused Nos.1 to 5 under Section 4 82 of Cr.P.C. for quashing the criminal proceedings in C.C. No.11856/2021 pending on the file of I Additional Chief Metropolitan Magistrate, Bengaluru, in respect of charge sheet filed by the CCB Police for the offences punishable under Sections 323 , 354(A)(B), 498-A, 504, 506 and 34 of IPC and Section 4 of Dowry Prohibition Act, 1961.
2. Writ Petition No.11718/2022 is filed by the petitioner-accused No.1 under Article 226 of Constitution of India read with Section 482 of Cr.P.C. for issue of Writ of Certiorari or any other appropriate writ, order or direction to quash the notification dated 25.02.2021 bearing No.HD 18 POP 2021 passed by the Government of Karnataka and consequently, set aside the charge sheet and the criminal proceedings pendi
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.
It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge-sheet constitutes the ingredients of....
Investigation proceedings remain valid despite procedural defects if sufficient substantive evidence supports charges, emphasizing the necessity of proper police authorization and hierarchical compli....
Point of law : There is no more res integra that exercise of power under Section 482 CrPC to quash a criminal proceeding is only when an allegation made in the FIR or the charge-sheet constitutes the....
The court emphasized the importance of thorough examination of allegations before transferring an investigation to CBI and highlighted the petitioner's failure to register an FIR or seek remedy under....
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 : Provisions of section 6 of Delhi Special Police Establishment Act, 1946 - Officers of Delhi Special Police Establishment, a premier investigating agency, are and must be fully alive to....
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.
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