Monday, March 14, 2022

Criminal Trial – If a prima facie case is made out, disclosing the ingredients of the offences as alleged against the accused, the Court cannot quash the criminal proceedings.

In the present case, when the trial is half way charge sheets are filed by impleading the new accused persons, cognizance of the offences already taken by the competent Court and now the matter is being posted for further trial. Therefore, this Court cannot quash the impugned order passed by the State Government as well as the FIR culminating into filing of supplementary charge sheets, taking of cognizance by the competent Court and that too when the matter is now being posted for further trial in exercise of powers under the provisions of Articles 226 and 227 of the Constitution of India read with Section 482 Cr.P.C.

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
B. VEERAPPA; N.S. SANJAY GOWDA; JJ.
WRIT PETITION No.51012/2019 (GM-RES) C/W WRIT PETITION Nos.52575/2019, 15828/2021, 16081/2021,
16088/2021 (GM-RES); 16 OCTOBER, 2021
BASAVARAJ SHIVAPPA MUTTAGI v. STATE OF KARNATAKA

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