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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA
Abhishek Mishra S/o Dinesh Kumar Mishra – Appellant
Versus
State of Karnataka – Respondent
| Table of Content |
|---|
| 1. overview of the case and background details. (Para 1 , 2) |
| 2. overview of the case facts and allegations. (Para 3) |
| 3. contentions from both parties regarding the allegations. (Para 4 , 5 , 6) |
| 4. detailed analysis of the charges and statutory definitions. (Para 8 , 9 , 10) |
| 5. judicial interpretation of voyeurism and related allegations. (Para 11 , 12 , 13) |
| 6. court findings on disputed facts and the refusal to quash proceedings. (Para 14 , 15 , 16) |
| 7. conclusion regarding partial allowance of the petition. (Para 17 , 18) |
ORDER :
1. The petitioner/sole accused is before this Court calling in question entire proceedings in Special C.No.1029 of 2024 pending before the LXX Additional City Civil and Sessions Judge and Special Judge, Bangalore, arising out of crime in Crime No.471 of 2023 registered for offences punishable under Sections 354-C, 354-D, 504, 506 and 509 of the IPC, Section 66E of the Information Technology Act, 2000 and Section 3(2)(v) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989 (‘the Act’ for short).
2. Facts, in brief, germane are as follows: -
The 2nd respondent is the complainant and the petitioner is the accused. The complainan
Voyeurism allegations are sufficient to proceed to trial, while stalking charges are quashed due to lack of evidence; High Court's discretion to quash proceedings is limited when serious factual disp....
(1) Quashment proceeding – To exercise inherent power under Section 482 of Cr.P.C is not the rule but it is an exception which can be applied only if it appears to Court that miscarriage of justice w....
The court quashed criminal proceedings for trespass and intimidation, highlighting that allegations lacked required intent and could be deemed malicious, thereby abusing the legal process.
The court emphasized that charges must be framed with precision, highlighting the absence of essential elements for IPC Section 354 and the need to consider dissemination under Section 354-C and IT A....
The court affirmed that voyeurism under IPC Section 354C requires a reasonable expectation of privacy, and the case's facts warranted a trial.
Allegations of stalking and obscenity must meet legal thresholds of intent and evidence; mere accusations without substantiation are insufficient for prosecution.
(1) Power under Section 482 of Cr.P.C. can be exercised even after filing of charge-sheet. (2) Sexual intercourse with married lady on false promise of marriage is not a case of misconception of fact....
Sexual harassment of girl child – Alleged expression [xxx I Love You] by accused alone would not constitute “sexual assault” as provided under Section 7 of POCSO Act.
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