M. NAGAPRASANNA
RAGHAVENDRA B. NAYAK S/O BHEEMAPPA NAYAK – Appellant
Versus
STATE OF KARNATAKA – Respondent
ORDER :
1. The petitioners in both the petitions call in question registration of a crime in Crime No. 202/2022 for the offences punishable under Section 4 (iii) of Protection of Civil Rights Act 1955, Section 3(1)(p), 3(1)(q), 3(1)(r), 3(1)(za)(E), 3(1)(zc), 3(2) (va), 3(2)(vii) of the SC and ST (Prevention of Atrocities) Amendment Act 2015 (for short ‘the Act’) and Section 217 r/w 34 of the IPC, pending on the file of the 2nd Additional District Sessions Court, Dharwad, Hubli-Dharwad.
2. Heard Sri Sunil S. Desai, learned counsel for petitioner in Crl. Pet. No. 103145/2022, Sri Neelendra D. Gunde, learned counsel for petitioner in Crl. Pet. No. 103100/2022 and Sri V.S. Kalasurmath, learned High Court Government Pleader for respondent No. 1-State, in both the petitions. The second respondent – complainant though served, is unrepresented. Therefore, the learned counsel for petitioner and learned High Court Government Pleader are heard.
3. Facts adumbrated in Crl. Pet. No. 103145/2022, are as follows:
The central legal point established is the need for vigilance in registering crimes under stringent statutes and the prevention of abuse of the legal process.
A complaint under the Atrocities Act filed after substantial delay lacks merit and may be quashed if it does not present a prima facie case.
The main legal point established in the judgment is the requirement for specific details and the need for the insult or intimidation to be made in a place within public view to establish a prima faci....
A complaint dismissed before registration does not bar a subsequent complaint on the same facts, provided it is not dismissed on merit.
The Court ruled that a Magistrate cannot direct police to register and investigate a complaint for defamation under Section 500 IPC without following due process as outlined in Section 199 of the CrP....
The court established that adverse remarks in performance evaluations by superior officers do not amount to caste-based harassment under the SC/ST (POA) Act unless there is clear evidence of malice o....
The misuse of the S.C./S.T. Act for personal grievances is impermissible, and allegations must substantiate a prima facie case to avoid abuse of legal processes.
The judgment established the importance of prior sanction for public servants under Section 197 of Cr.P.C and highlighted the need to consider the motive behind allegations and the potential for misu....
FIR quashed u/s 482 CrPC as vague allegations by ex-employee arise from civil dispute over app, lacking offence ingredients and abusing process.
The essential elements required to establish offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act must be explicitly stated in the FIR, including the caste status o....
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