The Single Judge dismissed a criminal petition seeking to quash proceedings for extortion. The court rejected the jurisdictional bar argument and reserved liberty to challenge the charge sheet.
Petition dismissed with liberty to challenge the charge sheet if and when laid.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 08TH DAY OF OCTOBER, 2020
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
CRIMINAL PETITION NO.4990 OF 2020
BETWEEN:
VIVEKANANDA S/O SHANTHAIAH AGED ABOUT 32 YEARS MUNGNAL, AUARD BIDAR DISTRICT KARNATAKA – 585 326 … PETITIONER
(BY SRI.SRINIVASA V., ADVOCATE)
AND:
TAMIL NADU – 600 048 ... RESPONDENTS
(BY SMT. RASHMI JADHAV, HCGP)
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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS AS AGAINST THIS PETITIONER IN CR NO.116/2020 ON THE FILE OF THE IX ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT AT BENGALURU REGISTERED FOR AN OFFENCE PUNISHABLE UNDER SECTION 384 OF IPC (SUBSEQUENTLY ADDED 13(1)(d) OF THE PREVENTION OF CORRUPTION ACT) FILED BY THE RESPONDENT POLICE.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Sri.Srinivas V., learned counsel for the petitioner, pending the compliance of office objections, the matter is taken up for ‘Hearing’.
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CRL.P.No.4990/2020
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No.HD 71 PoSiPa 2016 dated 30.03.2016. On this ground, he seeks for quashing of the entire proceedings.
demand for money which was made and if not paid, the accused would send back the complainant and his load of muskmelon back to Thiruvenamallai. The complainant has pleaded that if he was sent back to Thiruvenamallai, the muskmelon carried by him would have rotten and injury would be caused to the petitioner. In view thereof, these allegations need to be investigated.
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Sd/JUDGE
MH/-
2 issues framed by the court
Whether the Criminal Petition should be allowed to quash proceedings regarding extortion charges.
Whether there is a valid bar under the Prevention of Corruption Act regarding police investigation.
Vivekananda
Attibele Police
Manikantan
Suraj Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
