This judgment quashed criminal proceedings against the third accused under Section 109 of the IPC, ruling that the charge sheet lacked specific material to prove instigation, constituting an abuse of process of law.
Criminal proceedings against accused No. 3 in C.C. No. 524/2022 quashed as abuse of process of law.
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.
NC: 2023:KHC:39669 CRL.P No. 2064 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 2064 OF 2022
BETWEEN:
MR.MANJUNATH M.S., S/O SHANTHA KUMAR, AGED ABOUT 43 YEARS, R/AT NO.C-115, HIGH COURT STAFF QUARTERS, KRISHNAIANA PALYA, TEMPLE ROAD, NGEF LAYOUT, BYAPPANAHALLI, BANGALORE – 560 038.
…PETITIONER
(BY SRI. HASHMATH PASHA, SENIOR COUNSEL FOR SRI.NASIR ALI., ADVOCATE)
AND:
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA
REPRESENTED BY
STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE.
R/AT NO.12, BEDARAKANNAPPA TEMPLE, NEAR CHICKKAHARADANAHALLI, JAYANAGAR, MYSORE CITY – 570 014.
RESPONDENT NO.1 AND 2 (REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE).
…RESPONDENTS
(BY SRI.VENKATSATYANARAYAN A., HCGP FOR R1; SMT.MOHANA KUMARI B.V., ADVOCATE FOR SRI.ABUBACKER SHAFI, ADVOCATE FOR R2)
THIS CRL.P. IS FILED U/S.482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.524/2022 ON THE FILE OF V ADDITIONAL CIVIL JUDGE AND J.M.F.C., MYSURU WHICH IS ARISING OUT OF CR.NO.42/2021 OF ASHOKAPURAM POLICE STATION, MYSURU FOR THE OFFENCE P/U/S 109, 506, 341, 504, 323, 326 R/W 34 OF IPC, AS AN ABUSE OF PROCESS OF LAW.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner/accused No.3 is sought to be prosecuted for the offence under Sections 109 and 34 of IPC. The police after investigation submitted the charge sheet before the trial Court.
NC: 2023:KHC:39669 CRL.P No. 2064 of 2022
NC: 2023:KHC:39669 CRL.P No. 2064 of 2022
petitioner herein and the veracity of the allegations can be considered at the time of trial and the same cannot be gone into in this petition.
NC: 2023:KHC:39669 CRL.P No. 2064 of 2022
ORDER
ii. The impugned proceedings in C.C.No.524/2022 on the file of V Addl. Civil Judge and JMFC, Mysuru insofar accused No.3 is hereby quashed.
iii. Learned Magistrate to proceed against other accused in accordance with law without being influenced by the observations made in this order and the observations made if any is only for the purpose of present petition.
Sd/JUDGE
RKA List No.: 1 Sl No.: 33
2 issues framed by the court
Whether criminal proceedings against the petitioner under Section 109 of IPC for alleged abetment should be quashed as an abuse of process of law due to lack of incriminating material.
Whether the charge sheet contained specific allegations demonstrating a clear connection between the petitioner's alleged instigation and the commission of the offence.
3 provisions across 2 enactments
MR.MANJUNATH M.S.
STATE OF KARNATAKA
MR. CHANDRASHEKAR M.S.
HEMANT CHANDANGOUDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
