Criminal petition under Section 482 Cr.P.C. filed to quash FIR registered on direction of Chief Minister. Court held annexures in representation disclosed offences and FIR registered following proper complaint procedure, dismissing petition.
Petition to quash FIR and investigation dismissed.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2020
BEFORE
THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA
CRL.P. NO.3821 OF 2020
BETWEEN:
SRI.D.C.GOWRI SHANKAR SWAMY S/O SRI. C. CHENNIGAPPA AGED 42 YEARS R/O DODDAHUCHAIAHNAPALYA NELAMANGALA TALUK BENGALURU RURAL DIST. – 562 123 (WRONGLY MENTIONED IN THE FIR AS GOWRISHANKAR D C, 2018 TUMAKURU RURAL LEGISLATIVE ASSEMBLY CONSTITUENCY, JDS CANDIDATE, TUMAKURU KARNATAKA – 577 501. … PETITIONER
(BY SRI. RAVI B. NAIK, SENIOR ADV. FOR SMT. VIJETHA R. NAIK, ADV. )
AND:
2
NRUPATHUNGA ROAD
BENGALURU – 560 001
... RESPONDENTS
(BY SMT. K. P. YASHODHA, HCGP FOR R1 TO R3; SRI. JAYAKUMAR S. PATIL SENIOR ADV. FOR SMT. NALINA MAYEGOWDA, ADV. FOR R4.)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ORDER OF THE HON’BLE CHIEF MINISTER DATED NIL PASSED ON THE COPY OF THE COMPLAINT OF THE 4TH SECOND RESPONDENT DIRECTING TO INVESTIGATE THE COMPLAINT OF THE FOURTH RESPONDENT AND ETC.
THIS CRIMINAL PETITION COMING ON FOR FINAL HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri.Ravi B. Naik, learned Senior counsel appearing for Smt.Vijetha R. Naik, for Sri. Ravi B.Naik Associates, learned counsel for petitioner and learned HCGP for respondent Nos.1 to 3 and Sri.Jayakumar S.
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Patil, learned Senior counsel appearing for Smt.Nalina Mayegowda, learned counsel for respondent No.4.
counsel for the petitioner is that the FIR in question is registered on the directions of Chief Minister; there was no complaint against the petitioner in terms of Section 154 of Cr.P.C. The allegations made in the representation submitted to the Chief Minister if taken into consideration, it does not disclose the involvement of the petitioner in any of the alleged illegalities and therefore, registration of the FIR against the petitioner in Crime No.128/2020 is wholly illegal and amounts to abuse of the process of Court.
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respondent No.4 along with his objection statement has produced them. In one of the Annexures appended to the representations made to the Prime Minister it is alleged that for the purpose of luring the voters the petitioner herein managed to obtain insurance polices in the names of school children. Therefore, the argument of learned Senior counsel for the petitioner that the impugned FIR has been registered without there being any allegations constituting the ingredients of the above offences solely on the basis of the directions issued by the Chief Minister and the letter forwarded by the DG & IGP, cannot be accepted.
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No.1 has registered the FIR in Crime No.128/2020. Therefore, the submission of the learned Senior counsel that there was no complaint also cannot be accepted.
with the documents annexed to the complaint disclose the ingredients of criminal offences in so far as petitioner is concerned, these annexures have to be read as part of the complaint and in that view of the matter I do not find any justifiable reason to quash the FIR registered against the petitioner and the consequent investigation undertaken by the respondent. For the above reasons, petition is dismissed.
Sd/JUDGE
MH/-
3 issues framed by the court
Whether the impugned FIR and consequent investigation should be quashed.
Whether onus lies on the petitioner to prove no offence was committed, or on the state to justify registration.
Whether allegations in representation to Chief Minister disclose ingredients of cognizable offences warranting FIR registration.
3 provisions across 2 enactments
SRI.D.C.GOWRI SHANKAR SWAMY
STATE OF KARNATAKA
THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE KARNATAKA STATE
SUPERINTENDENT OF POLICE TUMAKURU DISTRICT
SRI. RAMESH BETTAIAH
JOHN MICHAEL CUNHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
