Back
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
J.M.KHAZI
Yogesha S/o Late Hanumegowda – Appellant
Versus
State of Karnataka – Respondent
ORDER :
1. Petitioner who is arraigned as accused has filed this petition under Section 482 Cr.P.C, to quash the proceedings initiated against him in C.C.No.199/2021 (PCR No.69/2020) for the offences punishable under Sections 420 , 425, 468, 471, 200 and 426 of IPC, on the file of Senior Civil Judge and JMFC, Somwarpet, Kodagu.
2. For the sake of convenience the parties are referred to by their rank before the trial Court.
3. In support of the petition, accused has contended that based on the private complaint filed by respondent No.2/complainant, on reference under Section 156(3) Cr.P.C and after conducting investigation, concerned police have filed charge sheet for the offences punishable under Sections 420 , 425, 468, 471, 200 and 426 IPC. Petitioner is innocent of the offences alleged. He is falsely implicated. The concerned police without conducting proper investigation have filed charge sheet. The complaint is not supported by verifying affidavit, nor the remedy under Section 154(2) Cr.PC is exhausted before filing the complaint. Therefore, the entire proceeding is vitiated. There is also no application of mind by the trial Court before issuing summons. The concerned police have
A complaint filed under Section 200 Cr.P.C. does not require a supporting affidavit to proceed if prima facie evidence exists against the accused, despite previous Supreme Court directives.
The bar under Section 195 Cr.P.C does not apply to forgery occurring before the presentation of documents to authorities, allowing criminal proceedings to continue.
The absence of an affidavit supporting a complaint under Section 156(3) Cr.P.C. renders criminal proceedings unsustainable, irrespective of concurrent civil issues, as established in relevant case la....
A valid written complaint is required under Section 195 Cr.P.C. to initiate criminal proceedings for forgery related to evidence presented in court, highlighting procedural safeguards against wrongfu....
Petitioner has not been confined for illegal purpose amounting to commission of offence. As such, the petitioner cannot take advantage of the liberty granted to him by filing the complaint under Sect....
The main legal point established is that if the allegations in the complaint disclose the offence of forgery, the High Court should not interfere with the investigation and that the pendency of civil....
Point of Law : Section 32 of the SARFAESI Act, which reads as Protection of action taken in good faith.—No suit, prosecution or other legal proceedings shall lie against any secured creditor or any o....
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
