Petitioner sought quashing of charge sheet for IPC offences, contending the wound certificate did not relate to the incident. The Court held that assessing the veracity of charge sheet material would amount to a mini trial impermissible under Section 482 Cr.P.C. and declined to interfere, directing expeditious trial.
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 9TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 8055 OF 2021
BETWEEN:
SRI.SANJEEVA NAIDU S/O HANUMANTHAPPA, AGED ABOUT 50 YEARS, R/AT KAPANAHALLI VILLAGE, SHIKARIPURA TALUK, SHIVAMOGGA DISTRICT-577427.
…PETITIONER
(BY SRI. SIDDESH H, ADVOCATE)
AND:
Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA
SHIVAMOGGA DISTRICT-577427.
…RESPONDENTS
(BY SRI.M.R.PATIL, HCGP)
THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO CALL FOR RECORDS IN CC
NO.829/2019 IN CONNECTION WITH CRIME NO.334/2018 CIVIL JUDGE AND JMFC SHIKARIPURA, SHIVAMOGGA DISTRICT FOR THE OFFENCES P/U/S 323,341,353,504,506 OF IPC AND QUASH THE CHARGE SHEET FILED BY THE RESPONDENT NO.1 IN C.C.NO.829/2019 IN CONNECTION WITH THE CR.NO.334/2018 ON THE FILE OF CIVIL JUDGE AND J.M.F.C., SHIKARIPURA, SHIVAMOGGA DISTRICT.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The captioned petition is filed seeking quashing of the proceedings in C.C.No.829/2019 for offences punishable under Sections 34, 323, 353, 341, 504 and 506 of IPC.
records, this Court would find that the Investigating Officer has filed the charge sheet. The wound certificate indicates that the petitioner has sustained simple injuries. Petitioner’s contention that wound certificate is not related to the alleged incident is a matter to be tested during trial. This Court cannot have recourse to Section 482 Cr.P.C. to examine the veracity of the charge sheet material and hold a mini trial, which is not permissible. Therefore, I am not inclined to grant any indulgence.
injuries, the learned Magistrate is directed to expedite the matter.
Sd/JUDGE
ALB
List No.: 1 Sl No.: 15
1 issue framed by the court
Whether Section 482 Cr.P.C. jurisdiction can be invoked to test the veracity of charge sheet material and wound certificate at the quashing stage.
2 provisions across 2 enactments
Sri Sanjeeva Naidu
The State of Karnataka by Srinivasapura Police
Sri Chandrashekarappa
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
