Case Note & Summary
The petitioner, N. Jayaramappa, a practicing advocate at Shidlaghatta in Chikkaballapura Taluk, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973, seeking to set aside the order dated 31-07-2014 passed by the Principal District and Sessions Judge, Chikkaballapur in Cr.R.P.No.49/2014 and the order dated 10-12-2013 passed by the Principal Civil Judge (Jr.Dn.) and JMFC, Chikkaballapur in C.C.No.100/2011 (PCR No.78/2010). The petitioner was arraigned as accused No.9 in the case for offences punishable under Sections 463, 464, 465, 467, 420 read with 120B of the Indian Penal Code, 1860. The petitioner contended that there was no prima facie material to show his involvement in the alleged conspiracy or forgery. The High Court, after hearing the learned counsel for the petitioner and the High Court Government Pleader for the respondent-State, found that the allegations against the petitioner were vague and lacked specific evidence. The court observed that continuing the proceedings would be an abuse of the process of law. Consequently, the court allowed the petition, set aside the impugned orders, and discharged the petitioner from the case.
Headnote
A) Criminal Procedure - Quashing of Proceedings - Section 482 CrPC - Inherent Powers - The High Court can quash criminal proceedings to prevent abuse of process of court when no prima facie case is made out against the accused. (Para 2) B) Indian Penal Code - Forgery - Sections 463, 464, 465, 467, 420 read with 120B IPC - Conspiracy - Mere allegation of conspiracy without specific material showing involvement of the accused is insufficient to frame charges. The court held that the petitioner, an advocate, was not shown to have participated in the alleged forgery or cheating. (Para 2)
Issue of Consideration
Whether the criminal proceedings against the petitioner for offences under Sections 463, 464, 465, 467, 420 read with 120B IPC should be quashed for lack of prima facie evidence.
Final Decision
The petition is allowed. The order dated 31-07-2014 passed by the Prl. Dist. & S.J., Chikkaballapur in Cr.R.P.No.49/2014 and the order dated 10-12-2013 passed by the Prl. Civil Judge (Jr.Dn.) & JMFC, Chikkaballapur in C.C.No.100/2011 are set aside. Consequently, the petitioner/accused No.9 is discharged from C.C.No.100/2011 (PCR No.78/2010).
Law Points
- Inherent powers under Section 482 CrPC
- Quashing of criminal proceedings
- Prima facie case
- Abuse of process of court
