The High Court dismissed a petition seeking quashing of an FIR under Section 13 of the Prevention of Corruption Act, holding that the filing of a charge sheet renders the petition incompetent as grounds for quash now differ.
Petition under Section 482 CrPC dismissed as the filing of a charge sheet renders the petition incompetent.
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 5TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ CRIMINAL PETITION NO. 6448 OF 2017
BETWEEN:
S. N. KARIBASAPPA S/O SANNA NAGAPPA, AGED ABOUT 46 YEARS, R/O NO.552, NEAR MANJUNATH COLLEGE, SARASWATHI BADAVANE, NITTUVALLI, DAVANAGERE
…PETITIONER
(BY SRI. PRAVEEN KUMAR RAIKOTE, ADVOCATE)
AND:
ACB POLICE STATION, DAVANAGERE.
Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI. B V PATIL., ADVOCATE FOR RESPONDENT NO.2 (MOA NOT FILED) CAUSE TITLE IS AMENDED VIDE COURT ORDER DATED 21.09.2022)
THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE FIR IN CRIME NO.4/2017 ON THE FILE OF THE ANTI CORRUPTION BUREAU POLICE STATION AT DAVANGERE, DATED 05.04.2017.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner has challenged the prosecution
launched against him in Crime No.4/2017 registered by the respondent No.1 for the offence punishable under Sections 13(1)(e) and 13(2) of the Prevention of Corruption Act, 1988 (for short, ‘the Act’) pending trial before the Principal District and Sessions Judge, Davangere in Spl.Case(Lok)/6/2019.
challenge the charge sheet, if so advised and in accordance with law.
No.1/2017 for stay does not survive for consideration.
Sd/JUDGE
SMA
List No.: 1 Sl No.: 29
1 issue framed by the court
Whether a criminal petition for quashing of an FIR survives when a charge sheet has already been filed by the investigation agency.
S. N. KARIBASAPPA
THE STATE OF KARNATAKA
KARNATAKA LOKAYUKTA
R. NATARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
