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MOHAMMAD NAWAZ
Puneeth H. R. – Appellant
Versus
State of Karnataka by its Upparpet Police Station – Respondent
ORDER (CAV)
This petition is preferred under Section 482 of Cr.P.C. seeking to quash the FIR in Crime No.1/2023 registered at Upparpet Police Station, Bengaluru, pending on the file of XXIII Additional City Civil and Sessions Judge, Special Judge, Bengaluru City.
2. By way of amendment application, petitioner has sought to quash the charge sheet filed in Spl.CC.No.1008/2023 for offences punishable under Sections 403, 406, 408, 409, 419, 420, 465, 468, 471, 120(b) read with Section 34 of IPC, Section 66 of Information Technology Act, 2000 (for short ‘I.T. Act’) and Section 13(1)(2) of Prevention of Corruption Act, 1988, (for short ‘PC Act’).
3. Brief facts: One Pramod Kumar Y.S., working as Assistant General Manager and Branch Head of IDBI Bank Ltd., lodged a complaint alleging misappropriation of funds by Smt. Sajila Gurumurthy (accused No.1) Manager, IDBI Bank Ltd., based on which the aforementioned FIR was registered against the said accused for the offence punishable under Section 409 and 420 of IPC.
4. It is alleged in the complaint that at the instance of Smt. Sajila Gurumurthy, who was earlier posted as Relationship Manager with Gandhinagar Branch, Bengaluru, certain unauthori
Prosecution of additional accused – Mere absence of an accused person’s name in initial complaint does not, by itself, absolve him of criminal liability – An accused whose involvement surfaces during....
Involvement of an accused may be established during investigation, justifying inclusion in the charge sheet even if initially not named in the FIR, especially in serious economic offenses.
The court ruled that allegations in the FIR constituted a cognizable offence, and mere repayment of funds does not negate the wrongdoing.
The main legal point established in the judgment is that the allegations in the FIR must prima facie constitute an offence or make out a case against the accused. The court emphasized the need for ev....
The central legal point established in the judgment is the court's authority to exercise inherent powers under Section 482 of the Code to quash criminal proceedings when the material produced by the ....
The court upheld that serious allegations of fraud warranted ongoing investigation, as the petitioners were not subject to prosecution nor double jeopardy.
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