Back
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R.Krishna Kumar
Lakshminarayana @ Lachhi, S/o Late Chandran – Appellant
Versus
State of Karnataka By Malur Police Station, Represented By The SPP – Respondent
| Table of Content |
|---|
| 1. petitioner seeks to quash charge sheet due to absence of evidence. (Para 2) |
| 2. petitioner argues lack of incriminating evidence. (Para 3 , 4) |
| 3. discussion on procedural flaws in allegations. (Para 5) |
| 4. arguments presented regarding the flaws in the charge sheet. (Para 6) |
| 5. court emphasizes necessity of notifications for criminal liability. (Para 7 , 8) |
ORDER :
S.R.Krishna Kumar, J.
In this petition, the petitioner seeks the following reliefs:
“A. QUASH the impugned charge sheet filed by the Respondent No.1 Police against the Petitioner/Accused No.36 for offences punishable under Sections 143 , 147, 149, 188, 268, 269 , 283 and 353 of the INDIAN PENAL CODE , 1860 (Annexure-E) pending before the Hon’ble II Additional Civil Judge and JMFC, Kolar District at Malur;
B. QUASH the Complaint dated 14.07.2020 (Annexure-A), the FIR dated 14.07.2020 registered in Crime No.155 of 2020 by the Respondent No.1 Police (Annexure-B) and Supplementary Complaint dated 16.07.2020 (Annexure-C) as against the Petitioner herein for offences punishable under Sections 143 , 147, 188, 269, 149,283, 268 and 353 of the INDIAN PENAL CODE , 1960.
C. Quash the criminal proceedings in C.C.No.2274 of 20
The court found that without the necessary government notifications under the Karnataka Epidemic Diseases Act, the charges against the petitioner were invalid, constituting an abuse of legal process.
Criminal proceedings under the Karnataka Epidemic Diseases Act require a valid notification under Section 4; absence thereof nullifies any alleged offences.
Cognizance of offences under the Disaster Management Act and Epidemic Diseases Act requires specific allegations and compliance with procedural requirements, which were absent in this case.
Cognizance of offences under the Disaster Management Act and IPC requires specific complaints and allegations that meet essential legal criteria; failure to comply renders the prosecution invalid.
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
