Back
M. NAGAPRASANNA
Gajendra K. M. , S/o Munishamappa – Appellant
Versus
State – Respondent
ORDER :
The petitioners are before this Court calling in question the proceedings in C.C.No.364/2023 registered for offences punishable under Sections 143, 147, 148, 323, 324, 326 and 504 read with Section 149 of the IPC.
2. Heard the learned counsel Sri.Chokkareddy, appearing for the petitioners, the learned Additional State Public Prosecutor Sri.Jagadeesha B.N., appearing for respondent No.1 and the learned counsel Sri.Praneeth G.N., appearing for respondent No.2.
3. Facts in brief, germane are as follows:
The petitioners are accused. The respondent No.2 is the complainant. An incident allegedly taken place on 07.01.2023 springs into two crimes. One in Crime No.4/2023 and another in Crime No.5/2023. The Police conduct investigation and filed a charge sheet in both the crimes in Crime Nos.4/2023 and 5/2023. The charge sheets are filed in C.C.No.394/2023 against the complainant and in C.C.No.364/2023 against the petitioners. The petitioners have knocked at the doors of this Court in the subject petition contending that few of the accused, who had infact indulged in assault on the petitioners and against whom offence punishable under Section 326 of IPC was laid has been dropped from the
The police must mandatorily follow PSO 566 in investigating case and counter cases, ensuring thorough investigations to avoid conflicting judgments.
The court emphasized the need for a definitive investigation to resolve contradictory accounts in cases involving rival versions of the same incident.
Point of Law; even if one case is triable by Magistrate, there is no bar to get it tried along with the counter case triable by Court of Sessions.
Merely because three separate FIRs have been filed do not mean that they could not be clubbed together and one charge-sheet could not be filed.
The court established that while the police have the exclusive right to conduct investigations, the judiciary has a duty to ensure that such investigations are conducted fairly and without bias, part....
The judgment establishes the principle that thorough and impartial investigations, especially in cases involving police officers, are essential for upholding the integrity of the legal system and ens....
The court ruled that trials may be conducted together under Section 223 Cr.P.C. but should remain separate if the accused differ between a police report and a complaint case, to avoid prejudice.
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
