Shreemajjagadguru Shankaracharya v. the State of Karnataka by
Case brief
What is this about?
Quashing of rape-case proceedings; unexplained delay of 9 years in lodging FIR/complaint under Section 376 IPC vitiates prosecution; CID officer not officer in-charge of police station; charge sheet under Section 173(2) Cr.P.C. filed by incompetent officer vitiated; CID declared police station only by Karnataka Government notification dated 12-01-2024; cognizance and issuance of process without application of mind contrary to Sections 190/204 Cr.P.C.; Section 482 Cr.P.C. inherent jurisdiction; Karnataka High Court writ petition (GM-RES); Kishan Singh v. Gurpal Singh; Parkash Chand; Rajesh Patel; Mohd. Ali; State of Bihar v. Lalu Singh; Tofan Singh; Sunil Bharti Mittal followed; Afroz Hasanfatta, A.R. Antulay, P.V. Pavithran distinguished; Ravindranatha Bajpe; Sunil Todi; Vikas Chandra; JM Laboratories; Sanjay Dutt.
What did the court decide?
Writ petition allowed; proceedings in C.C.No.26533 of 2018 pending before the I Additional Chief Metropolitan Magistrate, Bengaluru, concerning charge sheet No.06 of 2018 and all further proceedings thereto, quashed qua the petitioner; observations restricted to the petitioner's case alone and the trial against any other accused to proceed uninfluenced by them.