In Criminal Petition No.5055/2020, the court dismissed the petitioner's prayer to quash a criminal complaint registered under Section 14 PCR No.14/2020 as the relief sought was premature at the initial stage of prosecution.
Relief to quash the impugned complaint and consequent registration was dismissed as premature.
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 29TH DAY OF MARCH 2021
BEFORE
THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA
CRIMINAL PETITION NO.5055/2020
BETWEEN :
SRI. H. NAGESH S/O. H. HANUMAPPA, AGED ABOUT 62 YEARS, MINISTER, DEPARTMENT OF EXERCISE GOVERNMENT OF KARNATAKA, PRESENTLY RESIDING AT: NO.90, 1ST MAIN, 1ST BLOCK, KORAMANGLA, BENGALURU-560 034.
...PETITIONER
(BY SRI.A.S.PONNANNA, SENIOR ADVOCATE A/W SRI.ARNAV A BAGALWADI, ADVOCATE)
AND:
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KOLAR DISTRICT-563 131.
…RESPONDENTS
(BY SRI.V.M.SHEELVANT, SPP I, A/W SMT.K.P.YASHODHA, HCGP FOR R1)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE IMPUGNED COMPLAINT DATED 27.07.2020 IN PCR.NO.14/2020 PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, MULBAGAL, KOLAR DISTRICT VIDE ANNEX-A.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard learned Senior Counsel appearing for the petitioner and the learned SPP appearing on behalf of the first respondent.
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AND OTHERS .VS. SAMBHAJIRAO CHANDROJIRAO ANGRE AND OTHERS,1988 Crl.L.J.853 has held as
under:
“The legal position is well settled that when a prosecution at the initial stage is asked to be quashed, the test to be applied by the Court is as to whether the uncontroverted allegations as made prima facie establish the offence. It is also for the Court to take into consideration any special features which appear in a particular case to consider whether it is expedient and in the interest of justice to permit a prosecution to continue.”
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case to interfere at this juncture. Hence, the petition is
dismissed.
Sd/JUDGE
*alb/-.
2 issues framed by the court
Whether the High Court can quash the impugned complaint and consequent registration of the CS Journal at the initial stage of the prosecution.
Whether the uncontroverted allegations in the complaint prima facie establish the offence.
Colour shows how this judgement treated each authority
Machavrao JiwaJirao And Others .Vs. Sambhajirao ChandroJirao Angre And OthersReferred¶23
Machavrao JiwaJirao And Others .Vs. Sambhajirao ChandroJirao Angre And Others,1988 Crl.L.J.853
1 provisions across 1 enactments
Sri. H. Nagesh S/o. H. Hanumappa
State of Karnataka represented by the Sub Inspector of Police, Mulbagal Rural Police Station, Mulbagal
Sri. Pradip Singh Police Sub Inspector, Mulbagal Rural Police Station
John Michael Cunha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court