Case Note & Summary
The petitioner, Mr. Santhosh Peter D'Souza, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) before the High Court of Karnataka at Bengaluru, seeking quashing of the entire criminal proceedings in C.C. No. 4489/2019 pending before the JMFC (II Court), Mangaluru. The proceedings arose from a complaint by respondent No. 2, Sri Ravindrnath Bajpe, which led to the registration of an FIR by Panambur Police Station for offences under Sections 504 (intentional insult with intent to provoke breach of the peace) and 506 (criminal intimidation) of the Indian Penal Code, 1860 (IPC). After investigation, the police filed a charge sheet against the petitioner. The petitioner's counsel argued that the witnesses examined by the investigating officer were interested parties and that independent witnesses had not been examined, contending that the petitioner was falsely implicated. The court, after hearing the petitioner's counsel at the admission stage, observed that since a charge sheet had been filed, the petitioner must face trial. The court noted that during cross-examination of prosecution witnesses, the petitioner could demonstrate that the witnesses were interested and that he had been falsely implicated. The court found no grounds to quash the proceedings at that stage and dismissed the petition, directing the petitioner to face trial.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 Cr.P.C. - Prima Facie Case - The petitioner sought quashing of proceedings under Section 482 Cr.P.C. on grounds of false implication and interested witnesses. The court held that since charge sheet was filed, the petitioner must face trial and can prove his defence during cross-examination. Quashing not justified at this stage (Paras 3-4).
Issue of Consideration
Whether the criminal proceedings in C.C. No. 4489/2019 for offences under Sections 504 and 506 IPC should be quashed under Section 482 Cr.P.C. on the ground that the petitioner is falsely implicated and witnesses are interested.
Final Decision
The High Court dismissed the criminal petition, holding that since charge sheet is filed, the petitioner must face trial and can prove his defence during cross-examination. No grounds for quashing under Section 482 Cr.P.C.
Law Points
- Quashing of criminal proceedings under Section 482 Cr.P.C. is not warranted when charge sheet is filed and allegations disclose prima facie case
- interested witnesses and false implication are matters for trial.
