IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA
Avik Bid, S/o. Maloy Kumar Bid – Appellant
Versus
State By Jalahalli Police Station, Represented By Its Inspector Of Police – Respondent
Based on the provided legal document, the key points are as follows:
The court addressed procedural compliance in child abuse cases, emphasizing that minor procedural lapses or violations of statutory provisions do not necessarily invalidate the proceedings or warrant dismissal before trial (!) (!) .
The recording of witness statements, even if appearing uniform or similar, does not automatically invalidate the trial; credibility assessments are reserved for the trial stage (!) .
Violations related to the manner of recording statements, such as not recording by audio-video means, are considered procedural irregularities that can be challenged during trial but do not warrant quashing proceedings at this stage (!) .
Non-conduct of medical examinations of child victims, while desirable, does not constitute a fatal defect affecting the legality of the proceedings, especially where other credible evidence exists (!) .
Alleged violations of statutory timelines for recording evidence or completing trial procedures are procedural in nature and are considered directory, not mandatory, thereby not grounds for quashing the proceedings (!) .
The order of taking cognizance, even if not explicitly reasoned, is valid as long as there is sufficient material in the police report or case diary indicating the commission of the offence, and the court has applied its mind to the material before proceeding (!) (!) .
The court clarified that orders taken on the basis of police reports under the relevant law do not require detailed reasoning or explicit application of mind at the cognizance stage; such procedural flexibility is permissible (!) (!) .
The court reaffirmed that the primary role at the cognizance stage is to determine whether there is sufficient prima facie material to proceed, with detailed examination of evidence deferred to trial (!) (!) .
The petitioner's challenge based on alleged procedural violations and irregularities in the investigation or cognizance order is deemed to be a matter for trial and appellate review, not for quashing proceedings in a pre-trial petition (!) (!) .
The court directed that the trial must be concluded within a specified short timeframe, emphasizing the importance of expeditious justice in cases involving child victims (!) .
Overall, procedural deviations that do not go to the root of the case or do not compromise the fundamental rights of the accused or the integrity of the trial process are not sufficient grounds for quashing proceedings at this stage (!) (!) .
The court rejected the petition, reaffirming that the trial should proceed without delay, and any procedural issues can be raised during trial or appellate proceedings (!) (!) .
These points collectively underscore that procedural irregularities or statutory violations, while relevant, do not automatically vitiate or invalidate criminal proceedings, especially when the court finds that sufficient grounds for the case's continuation exist. The emphasis is on allowing the trial to proceed fairly and efficiently, with procedural challenges to be addressed at appropriate stages.
ORDER :
(M. NAGAPRASANNA, J.)
The petitioner is before this Court calling in question proceedings in Special C.C.No.880 of 2018 registered for offences punishable under Sections 7 and 8 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as ‘the Act’for short).
2. Sans details, facts in brief germane, are as follows: -
The petitioner is said to be an Assistant Professor in the Indian Institute of Science, Bangalore in the Department of Physics. The issue triggered on 30-09-2018 when his daughter aged 9 years wanted to celebrate her birthday and, in that connection, called all the neighbouring apartment residents at Prestige Wellington Park complex, Jalahalli. During the birthday party some children preferred to play in dark room and one child is said to have poked into the eye of another. The situation resulted in panic and, therefore, the averment in the petition is that the petitioner goes inside the room to bring the children out of dark room. After the party was over, the children are said to have dispersed and go to their respective houses. On the same day at about 9.30 p.m. the de-facto complainant, father of one of the children who had attended



The court held that uniformity in witness statements does not invalidate a trial, and procedural lapses under relevant laws do not preclude prosecution.
The court clarified that taking cognizance of an offence requires applying judicial mind to the complaint, and mere examination of the complainant does not suffice.
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