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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
J. M. Khazi
Azara Ismail, W/O P Ismail – Appellant
Versus
State Of Karnataka Central Bureau Of Investigation Anti Corruption Branch – Respondent
| Table of Content |
|---|
| 1. details of petition and financial background (Para 1 , 2) |
| 2. arguments for investigation necessity (Para 3 , 4) |
| 3. cited case for support (Para 5) |
| 4. court analysis of fraud allegations (Para 6 , 7 , 11) |
| 5. court's reasoning on dual prosecution (Para 8 , 10 , 12) |
| 6. master directions on fraud investigations (Para 9) |
ORDER :
J. M. Khazi, J.
Petitioners who are arraigned as accused Nos.1 and 2 have filed this petition under Section 482 Cr.P.C, with a prayer to quash the criminal proceedings pending against them in R.C.03(A)/2022 vide FIR No.RC.0372022A003 dated 28.02.2022 of respondent No.1 for the offences punishable under sections 120-B r/w 420, 406, 477-A I.P.C and Section 13(2) r/w 13(1)(d) of Prevention of Corruption Act, pending on the file of XXII Addl.City Civil and Sessions Judge and Spl.Judge for CBI cases.
2. In support of the petition, the petitioners have contended that petitioners are Indian citizens. Petitioner No.1 is the father of petitioner No.2. With a good intention to improve their financial status, petitioner No.2 started cashew processing unit business. Petitioner No.1 supported him. Petitioner No.1 borrowed Rs.2.5 Crores from the then E-Corporation
The court upheld that serious allegations of fraud warranted ongoing investigation, as the petitioners were not subject to prosecution nor double jeopardy.
Exercise of inherent jurisdiction – Stage and timing of settlement play a crucial role in determination as to whether to exercise power under Section 482 of Cr.P.C. 1973 or not.
Settlement of monetary disputes does not automatically justify the quashing of criminal proceedings in cases involving serious allegations of criminality.
Prosecution of additional accused – Mere absence of an accused person’s name in initial complaint does not, by itself, absolve him of criminal liability – An accused whose involvement surfaces during....
The High Court improperly quashed the FIR based solely on the Review Committee's proceedings without legal justification, necessitating restoration for further examination.
Involvement of an accused may be established during investigation, justifying inclusion in the charge sheet even if initially not named in the FIR, especially in serious economic offenses.
One Time Settlement can quash criminal proceedings in cases lacking evidence of fraud or forgery.
Quash of Criminal proceedings - Mere because the criminal law was set into motion on filing of a complaint, it cannot be the cardinal principle for continuity of proceedings as wherein the recovery p....
Serious economic offences, such as forgery and corruption, cannot be quashed based on private settlements due to their impact on society and public interest.
Criminal proceedings under the Prevention of Corruption Act cannot be quashed based on civil settlements, emphasizing the need for trial completion.
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