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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S VISHWAJITH SHETTY
C. Lokanath – Appellant
Versus
C. Ramamohana, S/O Late B Chinnappa Naidu – Respondent
ORDER :
S VISHWAJITH SHETTY, J.
1. This Criminal Revision Petition under Section 397 R/w Section 401 of Cr.P.C, is filed by the defacto complainant with a prayer to set aside the order dated 25.03.2023 passed by the Court of LXIX Additional City Civil & Sessions Judge, Bangalore in Criminal Revision Petition No.471 of 2021.
2. Respondent no.1 herein was charge sheeted by CKA Police Station, Bengaluru for the offences punishable under Sections 204, 466, 473, 468, 471 & 420 of IPC in Crime No.470 of 2017. After the charge sheet was filed, the case was numbered in C.C.No.24859 of 2018 before the Court of I ACMM, Bengaluru. In the said proceedings, respondent no.1 had filed an application under Section 239 of Cr.P.C, seeking discharge, which was rejected by the Trial Court. Aggrieved by the same, respondent no.1 had preferred Criminal Revision Petition No.471 of 2021 before the Court of LXIX Additional City Civil & Sessions Judge, Bengaluru, which was allowed by order dated 25.03.2023 and assailing the same, the defacto complainant is before this Court.
3. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that charge sheet material makes out a p
A trial court must assess whether a prima facie case exists for proceeding with charges, without conducting a mini trial, and a civil dispute does not preclude criminal liability.
(1) At stage of consideration of an application for discharge, Court has to proceed with presumption that material produced by prosecution is true and evaluate such material with a view to find out w....
The primary legal principle established is that the framing of charges requires only a prima facie case to be established, and the court should not delve into the merits of the evidence at this stage....
The rejection of a discharge application is valid when a prima facie case exists based on the police report, regardless of subsequent exoneration in departmental inquiries.
Though there are no limits of the powers of the Court under Section 482 of the Code but the more the power, the more due care and caution is to be exercised in invoking these powers. The power of qua....
The central legal point established in the judgment is the interpretation and application of Section 245(2) and 245(1) Cr.P.C. in the context of discharging the accused at different stages of the cas....
A discharge petition requires sufficient prima facie evidence; an absence in FIR or co-accused acquittals alone cannot substantiate discharge claims.
The court highlighted the necessity for a thorough evaluation of evidence before rejecting a discharge application, emphasizing that mere suspicion without substantial proof is insufficient for prose....
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