The High Court of Karnataka rejected a Criminal Petition under Section 482 Cr.P.C. filed by the accused to quash the charge sheet in a case involving cheating, criminal intimidation, and extortion, holding the accused not deserving of quashment due to the seriousness of the offences.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER 2021
BEFORE
THE HON'BLE MR. JUSTICE K.SOMASHEKAR
CRIMINAL PETITION NO.1666 OF 2019
BETWEEN:
Sri. Prabhakar S/o Shivannappa Aged about 43 years Behind Police Quarters Holehonnur, Bhadravathi Taluk Shivamogga – 577202.
.. Petitioner
(By Sri. Kasinagalingam .S – Advocate (Absent))
AND The State By Shivamogga Rural Police Rep. by its State Public Prosecutor High Court Building Bangalore – 560 001.
..Respondent
(By Sri. Rahul Rai .K – HCGP)
This Criminal Petition filed Under Section, 482 of Cr.P.C by the advocate for the petitioner pleased to quash the charge sheet filed against the petitioner in C.C.No.111/17 pending on the file of I-Addl. Civil Judge (Sr. Dn.,) and CJM, at Shivamogga for offences punishable under Section 420, 506 & 384 of IPC.
This petition coming on for Orders this day, the court made the following:
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O R D E R
None appear for the petitioner either through video conference or present before Court physically. But this matter is slated for removal of office objections raised by this office for third time. Neither the Counsel for the petitioner nor the petitioner are diligent or vigilant to cure the defects under curial law to proceed further in this matter, in accordance with law. Learned HCGP for the State is present before Court physically.
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Sri.Gowrish by approaching Shimoga Rural Police and narrated the incident which occurred and which is in the substance of the FIR and whereby the commission of offence is under Section 384 of IPC for extortion. When the complainant was approaching the accused for return of the amount in the month of December 2014, he came to know that the lamination process of document it is found as fake statement and same is also stated in the substance of charge sheet laid by the I.O and also in the FIR said to have been recorded by police. But the said case is pending before the Court since 2017 that too be for the offences punishable under Section 420 for cheating and 506 IPC for extending life threat and so also offences under Section 384 for extortion. When such being the offences lugged against the accused and more so accused is required to be facing of trial but the accused is seeking for quashment of the criminal proceedings initiated against him in C.C No.111/2017. Therefore, the scope and object of Section 482 of Cr.P.C, it cannot arise for seeking of quashment as where the accused is facing
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serious offences and moreover the accused is not deserving for quashment of the criminal proceedings insofar as involvement of commission of offence and so also, extending life threat by the accused.
Therefore, it is said that the petitioner / accused is
not deserving for seeking quashment of the charge sheet in C.C No.111/2017. Accordingly, I proceed to pass the following:
ORDER
The criminal petition filed by the petitioner/accused under Section 482 of Cr.P.C is hereby rejected.
Sd/JUDGE
DKB
1 issue framed by the court
Whether the criminal proceedings under Section 482 Cr.P.C. can be quashed when the accused is facing serious offences including extortion, cheating, and criminal intimidation.
Prabhakar S/o Shivannappa
State
K. Somashekar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
