Back
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R.KRISHNA KUMAR, J
Rajashekhar Kalyanakar, S/o. Pandurang – Appellant
Versus
State Of Karnataka – Respondent
ORDER :
S.R.KRISHNA KUMAR, J.
In this petition, petitioner seeks the following relief:
"i) Allow this petition and quash all proceedings in C.C.No.7912/2024 for the offences punishable under Section 353 , 419 and 504 of IPC on the file of the learned 41st A.C.M.M., registered Bengaluru City Rly. Police Station, vide Annexures A, B and C;
ii) Issue any other order and grant such other and further reliefs as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice."
2. Heard the learned counsel for the petitioner and the learned HCGP appearing for both the respondents. Perused the material on record.
3. On perusal of the material on record will indicate that on 02.06.2022, suo-moto complaint was registered at the instance of respondent No.2 at 9.00 a.m., inter alia alleging that on 31.05.2022 at about 1:30 p.m., the petitioner is said to have committed offence punishable under Section 353 of IPC. In pursuance of the said complaint which was registered in an FIR in Crime No.98/2022, the respondent - Police submitted a charge sheet, which is currently pending in C.C.No.7912/2024 for offences punishable under Sections 353 , 419 and 504 of IPC.
4. A pe
The essential elements required under Section 353 IPC were not established, leading to the quashing of the FIR as an abuse of process of law.
The High Court emphasized the need for strict compliance with the Supreme Court's directions regarding the uploading of FIRs and the exercise of power to prevent the abuse of process of court.
(1) Investigation of non-cognizable cases – Even if police receives any such complaint relating to non-cognizable offence, police cannot start investigation without there being a green signal from Ma....
The registration of FIR under Section 188 IPC without a written complaint from the concerned public servant is impermissible and renders the proceedings void ab initio.
Economic Offences - Court can exercise the powers under Section 482 of Cr.P.C. wherein the complaint does not disclose committing of any cognizable offence and the same is filed with an ulterior moti....
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
