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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
J.M.KHAZI
Vinay Kapoor, S/o. G. Ramaswamy – Appellant
Versus
State Of Karnataka, Represented By Ijoor Police, Ramanagara Circle, Represented By Its State Public Prosecutor High Court Of Karnataka – Respondent
| Table of Content |
|---|
| 1. petitioner seeks to quash criminal proceedings. (Para 1 , 2) |
| 2. allegations against the petitioner are detailed. (Para 3) |
| 3. court confirms petitioner’s role and the context of the allegations. (Para 4 , 5 , 6 , 7) |
| 4. legal provisions regarding taking cognizance outlined. (Para 8 , 9 , 10 , 11) |
| 5. petition rejection affirmed. (Para 12) |
ORDER :
J.M. KHAZI, J.
In this petition filed under Section 482 of the Code of Criminal Procedure, petitioner who is arraigned as accused No.1, is seeking quashing of criminal proceedings initiated against him in Cr.No.67/2023 of Ijoor PS, for the offence punishable Sections 177 , 197, 465 and 466 IPC.
2. In support of the petition, the petitioner has contended that the registering of case and resultant FIR and investigation are illegal and invalid and as such liable to be set aside. The concerned police without proper appreciation of allegations made in the complaint have registered the case and proceeding with the investigation. Since petitioner is a Government servant, it is necessary to issue show cause notice and make enquiry, only after which criminal proceedings may be initiated. There are no specific allegations against him. There
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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.
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