Back
KARNATAKA HIGH COURT
M. Nagaprasanna, J.
B.S. Yeddyurappa and Ors. – Petitioners
versus
Criminal Investigating Department (CID) and Anr. – Respondents
Writ Petition No.15522 of 2024 (GM - Res) C/w Writ Petition No.18538 of 2024 (GM - Res)
Decided on 7.2.2025
Constitution of India – Article 226 – Criminal Matters – Legality of order taking Cognizance – If was based on application of mind – On facts, the order of taking cognizance and issuing of process does not bear even a semblance of application of mind. It runs completely counter to the necessity under Section 190(1)(b) or Section 204 of the Code of Criminal Procedure, 1973 – On facts held, the learned Sessions Judge shall now look into the entire material that is before him and pass necessary orders on the final report, bearing in mind the observations made in the course of the order – It is needless to observe that the order should bear application of mind and application of mind in an order is discernible, only if reasons are recorded in writing, failing which, the order would depict an inscrutable face of the sphinx – Besides, the order of taking of cognizance and issuance of process should bear application of mind – Section 190(1)(a) deals with cognizance being taken on a complaint which would be a private complaint presented before the concerned Court – Section 190(1)(b) deals with cognizance taken on a police report which would be a final report/charge sheet filed before the concerned Court. Therefore, cognizance can be taken only under Section 190 of the Code of Criminal Procedure, 1973 – Section 204 deals with issue of process – After the concerned Court takes cognizance under Section 190 of the Cr.P.C., process is issued under Section 204 of the Code of Criminal Procedure, 1973 – Sub-section (1) thereof mandates that, if in the opinion of the Magistrate, taking cognizance of an offence there is sufficient ground for proceeding, it shall issue process. Therefore, the words ‘there is sufficient ground’ assumes all importance. The necessity of recording reasons for existence of sufficient ground is thus imperative and those reasons are discernible only, if they are recorded in writing, which would reflect application of mind, on the part of the Court taking cognizance and issuing summons – The Court observes ‘perused the charge sheet and all the documents’. On perusal of the same, the Court is satisfied that prima facie case has been committed by the accused as alleged. Therefore, cognizance is taken under Section 190(1)(b) and summons issued ostensibly under Section 204 of the Code of Criminal Procedure, 1973 – Criminal Law – Indian Penal Code, 1860 – Sections 354-A, 204, 214 r/w 37 – Protection of Children from Sexual Offences Act, 2012 – Section 8. [Paras 17 to 24]
Result: Petition allowed in part.
Based on the provided legal document, the key legal principles and observations are as follows:
Orders that are cryptic or cryptic in nature, without explicit reasons, do not satisfy the requirement of application of mind and are thus liable to be set aside (!) (!) (!) .
Sufficient Grounds for Proceeding:
The phrase "there is sufficient ground" is of paramount importance; reasons for this sufficiency should be recorded to reflect proper judicial application (!) (!) (!) (!) .
Differentiation Between Orders of Cognizance and Issuance of Process:
The issuance of process under Section 204 is a subsequent step where the Court, having taken cognizance, must be satisfied that sufficient grounds exist, and this satisfaction must be recorded, though detailed reasons are not always mandatory (!) (!) (!) (!) (!) .
Recording Reasons and Reasons' Significance:
The reasons should be discernible from the order itself, ensuring transparency and judicial accountability (!) (!) (!) .
Standard of Judicial Review:
The Court's role is to verify whether there is prima facie evidence and whether the material on record justifies proceeding; it is not to evaluate the evidence's sufficiency for conviction at this stage (!) (!) (!) .
Exercise of Discretion and Legal Safeguards:
Orders that do not follow this principle are liable to be quashed to prevent abuse of process and miscarriage of justice (!) (!) .
Impact of Orders Without Application of Mind:
In summary, the legal principles emphasize that the orders of cognizance and issuance of process must be supported by explicit, written reasons demonstrating that the Court has applied its judicial mind and has examined the material to establish that there are sufficient grounds for proceeding. Orders lacking such reasons or that are cryptic and vague are susceptible to being invalidated to uphold the integrity of judicial proceedings and prevent misuse of the criminal process.
ORDER (CAV)
Writ Petition No.15522 of 2024
The petitioner is before this Court calling in question proceedings in Special C.C.No.1283 of 2024 pending before the Fast Track Special Court-I, Bengaluru arising out of Crime No.84 of 2024, re-registered as Crime No.9 of 2024 for offences punishable under Sections 354A, 204, 214 r/w 37 of the IPC and Section 8 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’ for short) and the consequent action of issuance of summons.
2. The facts, adumbrated, are as follows:-
The petitioner, an octogenarian, and former Chief Minister of the State of Karnataka, avers to be the most decorated politician, having been in politics for the last 54 years. It is the case of the prosecution that a complaint comes to be registered on 14-03-2024 alleging that the complainant along with her daughter who was a minor, visits the petitioner to seek help in respect of a cheating case relating to the trading business and her investments. It is alleged that the complainant spoke for about 9 minutes with regard to the manner in which she was cheated during the said period. At that point in time, both the mother and the daughter drink tea and leave the house after the said conversation. In the interregnum, it is said that the complainant insisted the petitioner to get the complainant’s case investigated by constituting a Special Investigating Team on the ground that she was cheated of several crores. It is then, the complainant alleges that the daughter complained to her that she was sexually assaulted by the petitioner taking her inside the room. This is the complaint so registered on 14-03-2024. The complaint then becomes a crime in Crime No.84 of 2024 initially for offences punishable under Section 8 of the POCSO Act and Section 354A of the IPC. Thereafter, the investigation is transferred to the Crime Investigation Department which registers a separate crime renumbering the earlier crime to be Crime No.9 of 2024.
3. A notice under Section 41A of the Cr.P.C. is issued upon the petitioner on 28-3-2024, asking his presence before the Investigating Officer, for questioning, in connection with the aforesaid crime. The petitioner is said to have given voice sample later. The petitioner on 10-06-2024 was again called and his statement was recorded. Another notice comes to be issued on 12-06-2024. The petitioner was to be away, from Bangalore and travel to New Delhi on account of his political commitments previously fixed. The Investigating Officer does not heed to the request for postponement of recording of statement of the petitioner, the Investigating Officer would secure a warrant of arrest at the hands of the concerned Court, which then drives the petitioner to this Court in the subject petition. This Court protects the petitioner by directing that no arrest of the petitioner should take place. During the pendency of the subject petition, the CID conducts investigation and files its final report before the concerned Court. The concerned Court registers Special C.C.No.1283 of 2024 by taking cognizance against the petitioner and others for the afore-quoted offences and issues summons to all. Issuance of summons leads the petitioner to file an application seeking amendment of the petition raising a challenge to the entire charge sheet and proceedings before the concerned Court. It is at that stage the matter is heard.
4. Heard Sri C.V. Nagesh, learned senior counsel appearing for the petitioner, Prof. Ravivarma Kumar, learned senior counsel/Special Public Prosecutor appearing for respondent No.1 and Sri S. Balakrishnan, learned counsel appearing for respondent No.2.
Submissions:
Petitioner’s:
5. The learned senior counsel Sri C.V. Nagesh takes this Court through the complaint at the outset to contend that the first informant was by then a habitual complainant. She has registered 58 cases, against several people, and few cases are registered against her, by several people. This is to buttress
(1) Issuance of Process – Section 204 requires sufficient ground for proceeding against the accused, which would mean the Court has to examine existence of sufficient grounds to proceed against the a....
The Magistrate must apply judicial mind when taking cognizance and issuing summons, ensuring sufficient grounds exist for proceeding with the case.
Judicial proceedings involving allegations of cheating and forgery must undergo comprehensive investigation; prima facie evidence suffices for proceeding, dismissing claims of civil nature.
A Magistrate must provide a reasoned order when taking cognizance of offences, ensuring specific allegations are made against accused, particularly in matrimonial cases.
A Magistrate must apply judicial mind when taking cognizance of an offence; failure to do so, especially through mechanical processes, renders the order invalid and subject to quashing.
Magistrates must apply their minds and consider the material on record before issuing summons to accused persons.
Point of Law : Delay in lodging the FIR, final report being filed by an officer who was not in-charge of the Police Station; act of the learned Magistrate in taking cognizance of the offence which be....
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
