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H. P. SANDESH
Jayaprakash M. R. S/o Revannasiddaiah – Appellant
Versus
State Of Karnataka By Belur Police Station, Represented By State Public Prosecutor, High Court Of Karnataka, Bengaluru – Respondent
ORDER :
H.P. Sandesh, J.
Heard the learned counsel for the petitioner, the learned AAG for respondent No.1 and the learned counsel for respondent No.2.
2. This criminal petition is filed praying this Court to set aside the impugned order dated 23.12.2022 passed by the learned Senior Civil Judge and JMFC at Belur, Hassan, in C.C.No.452/2019 rejecting the discharge application filed by this petitioner, who is arrayed as accused No.3, for the offences punishable under Sections 419, 420, 465 and 468 of IPC, registered by the respondent police.
3. The factual matrix of the case of the complainant/respondent No.2 is that, in the complaint he has made an allegation that this petitioner along with other accused persons have indulged in creation of documents. Based on the complaint dated 02.08.2019, the police have registered the FIR in Crime No.156/2019. The main allegation in the complaint is that one Siddegowda S/o Chandregowda, who is the father of accused No.1 and grandfather of the complainant died on 25.04.1996. However, accused No.1, father of the complainant, after the death of his father by impersonation executed a relinquishment deed dated 06.02.2007 in favour of accused No.2, who ha
The court affirmed that the burden of proving an alibi lies with the accused during trial, and the discharge application must be evaluated based on available material.
(1) Revisional power cannot be exercised in a casual or mechanical manner.(2) Plea of alibi is a matter of trial.
The court highlighted the necessity for a thorough evaluation of evidence before rejecting a discharge application, emphasizing that mere suspicion without substantial proof is insufficient for prose....
At the discharge stage, the court must assume the prosecution's materials are true and evaluate if they disclose all elements of the alleged offence.
At the discharge stage under Section 227 Cr.P.C., the court must consider only the prosecution's materials, and strong suspicion is sufficient to proceed with the trial.
Public servants cannot be prosecuted without necessary sanction under Section 197 of the CPC. The court must evaluate evidence for a prima facie case while deciding discharge applications.
At the stage of considering a discharge application, the court must assume the truth of the prosecution's evidence and determine if there is sufficient ground for presuming that the accused has commi....
Trial court must appropriately apply its judicial mind while deciding discharge application and not reject it summarily without examining evidence.
Protection against vexatious and unwanted prosecution is a duty cast on High Courts.
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