Case Note & Summary
The petitioner, Sri Vakati Narayana Reddy, accused No.2, filed two criminal petitions under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) before the High Court of Karnataka at Bengaluru. The first petition (Criminal Petition No.2185 of 2021) sought to quash the order dated 02.01.2021 passed by the XXI Additional City Civil and Sessions Judge and Principal Special Judge for CBI Cases, Bengaluru, in Spl.C.C.No.231/2018, and to stay all further proceedings. The second petition (Criminal Petition No.9445 of 2018) sought to quash the FIR bearing No.RC 7(E)/2017 dated 05.05.2017 registered by the respondent-Central Bureau of Investigation (CBI) against the petitioner under Section 120B read with Section 420 of the Indian Penal Code, 1860 (IPC) and Section 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988, and also to quash the charge sheet dated 19.03.2018 filed in the same case. The petitioner argued that the FIR and charge sheet were baseless and that no prima facie case was made out against him. The CBI opposed the petitions, contending that the investigation revealed sufficient material to proceed. The court, after hearing both sides and examining the records, held that the allegations in the FIR and charge sheet, if taken at face value, constitute cognizable offences and that the investigation disclosed a prima facie case against the petitioner. The court found no grounds to exercise its inherent powers under Section 482 CrPC to quash the proceedings. Consequently, both criminal petitions were dismissed.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Inherent Powers - The court examined whether the FIR and charge sheet disclosed a prima facie case against the petitioner-accused No.2 for offences under Section 120B read with 420 IPC and Section 13(2) read with 13(1)(d) of Prevention of Corruption Act, 1988 - Held that the allegations in the FIR and charge sheet, if taken at face value, constitute cognizable offences and the investigation revealed sufficient material to proceed against the petitioner - The petition was dismissed as the court found no grounds to quash the proceedings (Paras 1-10).
Issue of Consideration
Whether the FIR and charge sheet against the petitioner under Section 120B read with 420 IPC and Section 13(2) read with 13(1)(d) of Prevention of Corruption Act, 1988 should be quashed under Section 482 CrPC.
Final Decision
Both criminal petitions are dismissed.
Law Points
- Section 482 CrPC
- quashing of FIR
- prima facie case
- criminal conspiracy
- cheating
- Prevention of Corruption Act
