Petitioners challenged cognizance under Section 177 IPC taken via a police final report, contrary to Section 195 Cr.P.C. requirements for offences against public servants. The Single Bench held cognizance was impermissible and proceedings were an abuse of process.
Criminal proceedings C.C.No.134 of 2018 are quashed.
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NC: 2023:KHC:27015 CRL.P No. 2285 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 2285 OF 2021
BETWEEN:
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA
BOTH ARE R/AT NO.2, NESARA 1ST CROSS, BALAJI LAYOUT NEAR NANJAPPA LAYOUT VIDYANAGAR SHIVAMOGGA-577 203.
…PETITIONERS
(BY SRI. S.V. SHASTRY, SENIOR COUNSEL FOR SRI. GURURAJ R., ADVOCATE)
AND:
BY ITS KOTE POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-560 008.
NC: 2023:KHC:27015 CRL.P No. 2285 of 2021
…RESPONDENTS
(BY SRI. K.S. ABHIJITH, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE CHARGE SHEET AND THE ENTIRE PROCEEDINGS INITIATED AGAINST THE PETITIONER IN C.C.NO.134/2018 (CRIME NO.89/2016) ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (SR.ND) AND CJM, SHIVAMOGGA FOR THE OFFENCE P/U/S 177, 181, 201, 417, 420, 34 OF IPC AND THIS PETITION BE ALLOWED WITH COSTS. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The respondent No.2 lodged the FIR alleging that the petitioners without disclosing the income of their father submitted an application for issuing income certificate, and on the basis of the false information furnished by the petitioners, income certificates were issued in their favour.
NC: 2023:KHC:27015 CRL.P No. 2285 of 2021
NC: 2023:KHC:27015 CRL.P No. 2285 of 2021
10. Accordingly, I pass the following:
ORDER
i) The criminal petition is allowed.
ii) The impugned proceedings in C.C.No.134 of 2018 on the file of Principal Civil Judge (Sr. Dn) and CJM, Shivamogga is quashed.
Sd/JUDGE
HR
2 issues framed by the court
Whether the Magistrate could take cognizance of the offence under Section 177 of IPC based on a police final report instead of a complaint under Section 195 Cr.P.C.
Whether continuation of proceedings violates the bar under Section 195 Cr.P.C. and amounts to abuse of process of law.
2 provisions across 2 enactments
Sanjay Kumar S
Sampath Kumar S
State of Karnataka
The Assistant Commissioner Shivamogga
Deputy Tahsildar NadakACHERI
Hemant Chandangooudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
