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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R. KRISHNA KUMAR
Prasad Shetty S/o Sanjeeva Shetty – Appellant
Versus
State of Karnataka – Respondent
| Table of Content |
|---|
| 1. petitioner seeks to quash fir and complaint. (Para 1 , 2 , 3) |
| 2. past case reference supports petitioner's stance. (Para 4 , 6) |
| 3. insufficient allegations in complaint for prosecution. (Para 5) |
ORDER :
1. In this Petition, Petitioner seeks the following reliefs:
a) Quash the First Information Report and Complaint in Crime No.36/2025 dated 17.05.2025 registered by Puttur Town Police Station for the offences punishable under section 132, 351, 352 and 3(5) of The Bharatiya Nyaya Sanhitha ( BNS ) on the file of Prl. Senior Civil Judge and ACJM Court, Puttur, Dakshina Kannada and all the subsequent proceedings initiated in so far as Petitioner/ Accused No.1 is concerned as per Annexure-A & B and etc.
b) pass such other writ or directions or orders, as this Hon'ble Court deems fit to grant in the facts and circumstances of the case, in the interest of justice and equity."
2. Heard learned counsel for the Petitioner and learned HCGP for Respondents and perused the material on record.
3. A perusal of the material on record will indicate that the second Respondent filed the instant complaint on 07.05.2025 against the Petitioner - Accused No.1 and one Narmesh Rai - Accused No.2 f
The absence of essential elements for the alleged offences led the court to quash proceedings, affirming the protection against abuse of legal processes.
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 court emphasized that the essential ingredients of the offences must be present in the allegations to proceed with a criminal case, and the court may consider additional factors such as apology a....
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