Karnataka High Court Passes Common Order in Multiple Section 482 CrPC Petitions Seeking Quashing of FIRs in Alleged Corruption Case. The Accused, Including Public Servants, Argue That the Private Complaints Filed by an Advocate-RTI Activist and Resulting FIRs Are Without Basis and Seek to Invoke Inherent Jurisdiction.

High Court: Karnataka High Court Bench: BENGALURU
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Issue of Consideration

KAHC010193922014_1

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Case Details

2014 LawText (KAR) (10) 3

Criminal Petition Nos. 2442/2014, 2576/2014, 3011/2014, 3012/2014, 3052/2014, 2522/2014, 2503/2014, 2523/2014, 3263/2014, 2577/2014, 3054/2014, 3053/2014 and 2990/2014

2014-10-28

K.N. Phaneendra

S.M. Chandrashekara (Senior Counsel for petitioners), Malipatil P.S. (Advocate for petitioners), Venkatesh P. Dalwai (for R1), Bahubali A. Danawade (Special PP for R1), R. Shashidhara (Advocate for R2)

K.C. Ramesh, Manjunath Swamy, K.C. Puroshotham, B.M.S. Veeraiah, Shantappa, S. Rajeshekar, Dinesh Kumar B.C.

State of Karnataka through Deputy Superintendent of Police, Lokayukta, Chitradurga and B.S. Prabhakar

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Nature of Litigation

Criminal petitions under Section 482 of the Code of Criminal Procedure, 1973 seeking to quash FIRs and referral orders passed by the trial court in private complaints alleging corruption.

Remedy Sought

Petitioners, who are accused in two PCR cases, seek quashing of the impugned orders dated 25-02-2014 and 10-03-2014 passed by the Principal District and Sessions Judge, Chitradurga, and the consequent FIRs registered by the Lokayukta police.

Filing Reason

The complainant, B.S. Prabhakar, an advocate and RTI activist, filed two private complaints against the petitioners and others, alleging corruption. The trial court referred the complaints leading to FIRs. The petitioners contend that the orders and FIRs are illegal and abuse of process of law.

Previous Decisions

The Principal District and Sessions Judge, Chitradurga passed orders in PCR No. 1/2014 on 25-02-2014 and PCR No. 2/2014 on 10-03-2014, presumably directing investigation or taking cognizance. No previous decision on merits is recorded.

Judgment Excerpts

In all the above criminal petitions, common question of facts and law are involved. Therefore, all the criminal petitions are taken up together for disposal and a common order is passed in order to avoid repetition of facts, as well the legal aspects. A person by name Sri B.S. Prabhakar, complainant before the Trial Court, claiming himself to be an RTI activist and also practicing Advocate having lot of concern towards the society, in order to eradicate the corruption as far as possible, has filed the complaint

Procedural History

B.S. Prabhakar, an advocate and RTI activist, filed two private complaints (PCR Nos. 1/2014 and 2/2014) before the Principal District and Sessions Judge, Chitradurga, alleging corruption against the petitioners and others. On 25-02-2014 and 10-03-2014, the trial court passed orders referring the complaints to the Lokayukta police, who subsequently registered FIRs on 01-03-2014 and 18-03-2014. The petitioners, as accused, filed the instant batch of petitions under Section 482 CrPC before the High Court seeking quashing of the referral orders and FIRs.

Acts & Sections

  • Code of Criminal Procedure, 1973: Section 482
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