Case Note & Summary
The petitioner, Mr. N.R. Santosh, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking quashing of the charge sheet and proceedings in S.C.No.306/2018 pending before the LVIII Additional City Civil and Sessions Judge, Bengaluru. The case arose from Crime No.163/2017 registered at Mahalakshmipuram Police Station for offences under Sections 143, 147, 323, 324, 365, 511, 331, 120B read with Section 149 of the Indian Penal Code, 1860 (IPC). The complainant, an advisor to Sri K.S. Eshwarappa, alleged that on 11.05.2017 at around 4.00 p.m., while he was travelling from his friend Jagadeesh's house to Malleshwaram, a car dashed his vehicle. When he stepped out, three people asked him to check the front portion, and one person held him from behind and tried to push him into the car. The complainant resisted and fought back, and the accused persons allegedly hit him. The charge sheet was filed against the petitioner and others. The petitioner contended that the allegations were false and that he was not named in the complaint. The court examined the complaint, charge sheet, and other materials. The court noted that the complainant's statement did not specifically name the petitioner or attribute any overt act to him. The medical evidence did not support the allegations of hurt. The court held that the allegations did not disclose a prima facie offence against the petitioner and that continuing the proceedings would be an abuse of the process of court. The court allowed the petition and quashed the charge sheet and proceedings against the petitioner.
Headnote
A) Criminal Procedure Code - Quashing of Charge Sheet - Section 482 Cr.P.C. - Inherent Powers - The High Court can quash criminal proceedings if the allegations do not disclose a prima facie offence or are an abuse of process of court. The court examined the complaint and charge sheet to determine if there was sufficient material to proceed against the petitioner. (Paras 1-10) B) Indian Penal Code - Attempt to Kidnap - Section 365 read with Section 511 IPC - Lack of Prima Facie Case - The allegation that the petitioner attempted to kidnap the complainant was not supported by any specific overt act attributed to the petitioner. The complainant's statement did not name the petitioner or describe his role. Held that mere presence without active participation does not constitute an offence. (Paras 5-8) C) Indian Penal Code - Unlawful Assembly - Sections 143, 147, 149 IPC - No Prima Facie Evidence - The charge sheet did not contain any material to show that the petitioner was a member of an unlawful assembly with a common object. The complainant's version was vague and inconsistent. Held that the proceedings against the petitioner were liable to be quashed. (Paras 6-9) D) Indian Penal Code - Hurt and Grievous Hurt - Sections 323, 324, 331 IPC - Insufficient Material - The medical evidence did not corroborate the allegations of hurt caused by the petitioner. The complainant's claim of being hit by the petitioner was not supported by any witness or document. Held that continuation of proceedings would be an abuse of process. (Paras 7-10)
Issue of Consideration
Whether the charge sheet and proceedings in S.C.No.306/2018 for offences under Sections 143, 147, 323, 324, 365, 511, 331, 120B read with Section 149 of IPC should be quashed under Section 482 Cr.P.C. for lack of prima facie evidence and being an abuse of process of court.
Final Decision
The petition is allowed. The charge sheet in Crime No.163/2017 and proceedings in S.C.No.306/2018 pending before the LVIII Additional City Civil and Sessions Judge, Bengaluru, are quashed insofar as the petitioner is concerned.
Law Points
- Section 482 Cr.P.C. inherent powers
- quashing of charge sheet
- prima facie case
- abuse of process of court
- criminal conspiracy
- attempt to kidnap
- hurt
- unlawful assembly
