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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
MOHAMMAD NAWAZ
Puneeth H.R., S/o. Late Rangaswamy H.S. – Appellant
Versus
State of Karnataka, By Its Upparpet Police Station, Bengaluru, Rep. By Special Public Prosecutor For Lokayukta, Bengaluru – Respondent
| Table of Content |
|---|
| 1. allegations of fraudulent transactions and misappropriation (Para 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. defense arguments regarding petitioner’s innocence and legal sufficiency (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 3. prosecution's case against the petitioner supported by evidence (Para 17 , 18 , 19 , 20 , 21) |
| 4. court's evaluation of evidence and conclusion on prima-facie case (Para 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30) |
| 5. order dismissing the petition (Para 31) |
ORDER :
(MOHAMMAD NAWAZ, J.)
This petition is preferred under Section 482 of Cr.P.C. seeking to quash the FIR in Crime No.1/2023 registered at Upparpet Police Station, Bengaluru, pending on the file of XXIII Additional City Civil and Sessions Judge, Special Judge, Bengaluru City.
2. By way of amendment application, petitioner has sought to quash the charge sheet filed in Spl.CC.No.1008/2023 for offences punishable under Sections 403 , 406, 408, 409, 419, 420, 465, 468, 471, 120(b) read with Section 34 of IPC , Section 66 of Information Technology Act, 2000 (for short ‘I.T. Act’) and Section 13 (1)(2) of Prevention of Corruption Act, 1988 , (for short ‘PC Act’).
3. Brief facts: One Pramod Kumar Y.S., working as Assistant
Involvement of an accused may be established during investigation, justifying inclusion in the charge sheet even if initially not named in the FIR, especially in serious economic offenses.
Prosecution of additional accused – Mere absence of an accused person’s name in initial complaint does not, by itself, absolve him of criminal liability – An accused whose involvement surfaces during....
The main legal point established in the judgment is that the allegations in the FIR must prima facie constitute an offence or make out a case against the accused. The court emphasized the need for ev....
The court ruled that allegations in the FIR constituted a cognizable offence, and mere repayment of funds does not negate the wrongdoing.
The central legal point established in the judgment is the court's authority to exercise inherent powers under Section 482 of the Code to quash criminal proceedings when the material produced by the ....
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