Petitioner sought deletion of his name from a remand application in a fraud case involving fake bank guarantees. Court held investigation is ongoing and no interference warranted as there is no incriminating material at this juncture.
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NC: 2023:KHC:19371 WP No. 10768 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JUNE, 2023 BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 10768 OF 2023 (GM-RES)
BETWEEN:
PRAKASH A., SON OF SHRI. ARUNACHALAM, AGED ABOUT 45 YEARS, RESIDENT OF TAISHA APARTMENTS, IST FLOOR, DOOR NO.3, 'D' BLOCK, NATESAN NAGAR, CHENNAI - 600 092. TAMIL NADU.
…PETITIONER
(BY SRI. X. M. JOSEPH, ADVOCATE)
AND:
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI. KIRAN JAVALI SPP., ADVOCATE AND
NC: 2023:KHC:19371 WP No. 10768 of 2023
SRI. MAHESH SHETTY, HCGP FOR R-1)
THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO FOR THE GROUNDS SHOWN SUPRA AND FOR THE GROUNDS TO BE URGED AT THE TIME OF HEARING THE PETITIONER MOST HUMBLY PRAYS IN THE ENDS OF JUSTICE TO AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court seeking the following
prayers:
for the petitioner, Sri. Kiran Javali, learned SPP and Sri. Mahesh Shetty, learned HCGP appearing for respondent No.1 and have perused the available material on record.
120B, 418, 406, 420, 465 and 471 of the Indian Penal Code, 1860. The offence that is projected in the complaint is with regard to forging Bank Guarantees by cheating to the tune of Rs.8.2/- crores by several accused. The police conducted investigation and during the course of the investigation, dragged the name of the petitioner for the first time in the remand application. The reason for such dragging is found at paragraph 10 of the said remand application. It is on this, the petitioner has now knocked at the doors of this Court.
NC: 2023:KHC:19371 WP No. 10768 of 2023
the investigation is on and the police would file a final report, once the investigation is completed.
lie in a narrow compass. The learned counsel for the petitioner has sought to strenuously contend with regard to the issuance of Bank Guarantee and its regularization by the Banks. The issue need not to be gone into, at this juncture. The investigation is still in progress. In the said crime, the police after investigation would necessarily file an appropriate report on completion of such investigation. The petition does not warrant any interference at this juncture, particularly on the ground that there is no incriminating material against the petitioner for the offences so alleged. The petition is thus rejected, reserving liberty to the petitioner to approach the appropriate forum at the appropriate time.
Ordered accordingly.
JY CT:PH
Sd/JUDGE
1 issue framed by the court
Whether a writ petitioner whose name was included in a remand application during an ongoing investigation should be discharged from the proceedings where the court finds no interference warranted at t
Prakash A.
State of Karnataka
Vishruth Jain
M. Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
