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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R.KRISHNA KUMAR
Abhishek S.Y. @ Abhi S/o Late Yogesh – Appellant
Versus
State Of Karnataka – Respondent
ORDER :
In this petition the petitioner seeks for the following reliefs:
"WHEREFORE, it is prayed that this Hon'ble Court may be pleased to quash the entire proceedings in C.C.No.5210/2024 (Cr.No.203/2024) for the offences punishable U/S 189(2), 191(2), 191(3), 329(4), 54, 109, 103(1), 61(1) and 190 of BNS 2023 by Hassan rural police, pending on the file of 1st Addl. Civil Judge and JMFC at Hassan in so far as petitioner herein is concerned in the interest of justice and equity."
2. Heard the learned counsel for the petitioner and respondent No.2 served unrepresented.
3. A perusal of the material on record will indicate that the 2nd respondent/complainant filed the instant complaint against the petitioner/accused No.7 and other accused for the offences punishable under Sections 189 (2), 191(2), 191(3), 329(4), 54, 109, 103(1), 61(1) and 190 of BNS 2023.
4. The said complaint was registered as an FIR in Cr.No.203/2024 and after investigation, charge sheet has been filed which is currently pending in C.C.No.5210/2024 before the Trial Court for the offences punishable under Sections 103 (1), 189(2), 190, 191(2), 191(3), 329(4), 54, 61(1) and 190 of BNS 2023.
Confessions of co-accused alone are insufficient for conviction; substantive evidence is necessary for criminal charges to proceed.
The main legal point established in the judgment is the requirement for a prima facie case to be made out against the accused and the limitations on the court's power to appreciate evidence at the pr....
The court affirmed that the inherent powers under Section 482 of the CrPC should be exercised sparingly, emphasizing that acquittal of a co-accused does not automatically warrant quashing proceedings....
The evidence produced by the accused in his defense cannot be looked into by the court at the pre-trial stage. The court's power under Section 482 Cr.P.C. to quash criminal proceedings is to prevent ....
The acquittal of a co-accused does not automatically entitle other accused to quash proceedings; each case must be evaluated on its own merits.
Point of law: Quash of criminal proceedings – Dismissed - Judgment of acquittal is not admissible under Sections 40 to 43 of the Evidence Act and the benefit cannot be extended.
Inherent power given to High Court under Section 482 CrPC is with purpose and object of advancement of justice.
The jurisdiction for trial of an offence is determined by where the offence was committed, as per Section 177 Cr.P.C., and the court must ensure that proceedings are not an abuse of process.
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