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M. NAGAPRASANNA
SHANKAR NAIK G. K. S/O SRI KRISHNA NAIK – Appellant
Versus
STATE OF KARNATAKA – Respondent
ORDER :
1. The petitioner is before this Court calling in question crime in Crime No. 454 of 2023 registered for offences punishable under Sections 409, 465, 201, 110 of the IPC and Section 7 of the Prevention of Corruption Act, 1988 (‘the Act’ for short) pending before the IV Additional Chief Metropolitan Magistrate, Bengaluru City.
2. Facts, in brief, adumbrated are as follows:
The court established that prima facie evidence of police misconduct necessitates further investigation under the IPC and the Prevention of Corruption Act.
The court dismissed the petition to quash criminal proceedings, affirming that prima facie evidence of misconduct and negligence under relevant statutes was established.
The absence of evidence proving demand for illegal gratification under the Prevention of Corruption Act led to the quashing of criminal proceedings against the petitioner.
The court established that prima facie evidence of a bribe demand is sufficient to justify an investigation under the Prevention of Corruption Act, and that quashing an FIR should be an exception rat....
The court clarified that the need for sanction under Section 197 Cr.P.C. is to be determined during trial, not at the quashment stage.
The court emphasized that it would be unjust, unfair, and oppressive to allow the findings in the departmental proceedings to stand when the case against the petitioner could not be established in a ....
Point of Law : Power under Section 482 Cr.P.C. to quash criminal proceedings, High Court would have to proceed entirely on basis of allegations made in complaint or documents accompanying same per se....
Quashing of criminal proceeding – It is no part of business of any of courts to ascertain what outcome of trial could be – Unless prosecution is shown to be illegitimate so as to result in abuse of p....
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