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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA
G.Satyanarayana Varma, S/o G.Venkat Raju – Appellant
Versus
State Of Karnataka – Respondent
ORDER :
M. NAGAPRASANNA, J.
The petitioner is before this Court invoking its inherent jurisdiction under Article 226 of the Constitution of India read with Section 482 of the Criminal Procedure Code (528 of BNSS), seeking quashment of the entire criminal proceedings in Crime No.118 of 2024 pending before the XXIII Additional City Civil & Sessions Judge and Special Judge (P.C.Act), Bengaluru and consequent filing of the charge sheet for offences punishable under Sections 120B, 409, 420, 467, 468, 471 of the IPC and Section 13 (1) r/w 13(2) of the Prevention of Corruption Act, 1988.
2. Facts, in brief, germane are as follows: -
2.1. The 3rd respondent/Karnataka Maharshi Valmiki Parishista Pangadagala Abhivruddi Nigama represented by its General Manager is the complainant. The petitioner is accused No.1 in the charge sheet so filed in Crime No.118 of 2024. The brief history to the arraigning of the petitioner as accused No.1 is germane to be noticed. On 19-02-2024, an account comes to be opened in Union Bank of India, M.G. Road Branch (‘the Bank’ for short) in the name of Karnataka Maharshi Valmiki Parishishta Scheduled Tribes Development Corporation Limited (‘the Corporation’ for short).
A second petition seeking to quash criminal proceedings was deemed non-maintainable under Section 482 due to the lack of new grounds or circumstances, with emphasis on ensuring full judicial trial fo....
The High Court's inherent powers under Section 482 Cr.P.C. should be exercised sparingly to prevent abuse of process, and not to stifle legitimate prosecution.
The court ruled that allegations of cheating are maintainable under criminal law even if they arise from an illegal agreement, emphasizing the necessity of investigation.
Inherent power given to High Court under Section 482 CrPC is with purpose and object of advancement of justice.
Criminal proceedings cannot be maintained if they are found to be an abuse of process, particularly when the complainant has previously lost in civil litigation.
The evidence produced by the accused in his defense cannot be looked into by the court at the pre-trial stage. The court's power under Section 482 Cr.P.C. to quash criminal proceedings is to prevent ....
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