Karnataka High Court
Mallikarjun Asode vs State Of Karnataka on 10 February, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-K:960
CRL.P No. 201531 of 2024
C/W CRL.P No. 201564 of 2024
CRL.P No. 201568 of 2024
AND 3 OTHERS
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 10TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 201531 OF 2024
C/W
CRIMINAL PETITION NO. 201564 OF 2024,
CRIMINAL PETITION NO. 201568 OF 2024,
CRIMINAL PETITION NO. 201697 OF 2024,
CRIMINAL PETITION NO. 201699 OF 2024,
CRIMINAL PETITION NO. 201700 OF 2024
IN CRL.P.NO.201531/2024:
BETWEEN:
Digitally signed GOPAL HALLUR S/O VITTAL,
by AGED ABOUT 38 YEARS,
SHIVAKUMAR
HIREMATH R/O. HARUGERI, RAIBAG TALUK,
BELAGAVI DISTRICT- 591220.
Location: HIGH
COURT OF ...PETITIONER
KARNATAKA (BY SRI SRINATH KULKARNI, ADVOCATE)
AND:
STATE OF KARNATAKA,
BY CHADCHAN POLICE STATION,
REP. BY ADDL. STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
HIGH COURT BUILDING COMPLEX,
KALABURAGI - 585103.
...RESPONDENT
(BY SMT. MAYA T.R., HCGP) -2- NC: 2025:KHC-K:960 CRL.P No. 201531 of 2024 C/W CRL.P No. 201564 of 2024 CRL.P No. 201568 of 2024 AND 3 OTHERS THIS CRL.P IS FILED U/S.482 OF CR.P.C.(OLD) U/SEC 528 OF BNSS, PRAYING TO, QUASH THE ENTIRE CHARGE SHEET AND ITS FURTHER PROCEEDINGS AGAINST THE PETITIONER/ACCUSED NO. 4 IN C.C NO. 6071/2022 (CRIME NO. 181/2017) OF CHANDCHAN POLICE STATION, FOR THE ALLEGED OFFENCES PUNISHABLE U/SEC 116, 166, 167 R/W 34 OF INDIAN PENAL CODE AND SECTION 2(1)(k) R/W 29(B), 3(1) R/W 25(1B)(a), 26(1), 29(b), 30 OF INDIAN ARMS ACT 1959.
IN CRL.P.NO. 201564/2024:
BETWEEN:
SRI GOPAL HALLUR S/O VITTAL, AGED ABOUT 38 YEARS, R/O. HARUGERI, RAIBAG TALUK, BELAGAVI DISTRICT - 591220 ...PETITIONER (BY SRI SRINATH KULKARNI, ADVOCATE) AND:
STATE OF KARNATAKA, BY CHADCHAN POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING KALABURAGI-585103 ...RESPONDENT (BY SMT. MAYA T.R., HCGP) THIS CRL.P IS FILED U/S.482 OF CR.P.C (OLD) /U/SEC. 528 OF BNSS ACT (NEW) PRAYING TO QUASH THE ENTIRE CHARGE SHEET AND ITS FURTHER PROCEEDINGS AGAINST THE PETITIONER / ACCUSED NO.4 IN CC NO.6072/2022 (CRIME NO.172/2017) OF CHANCCHAN POLICE STATION FOR THE ALLEGED OFFENCES PUNISHABLE U/SEC. 116, 166, 167, R/W 34 OF INDIAN PENAL CODE AND SECTION 2(1)(k) R/W 29(b), 3(1) R/W 25(1B) (a), 26(1), 29(b), 30 OF INDIAN ARMS ACT, 1959, PENDING BEFORE THE ADDL. CIVIL JUDGE AND JMFC INDI.-3-
NC: 2025:KHC-K:960 CRL.P No. 201531 of 2024 C/W CRL.P No. 201564 of 2024 CRL.P No. 201568 of 2024 AND 3 OTHERS IN CRL.P.NO. 201568/2024:
BETWEEN:
SRI GOPAL HALLUR S/O VITTAL, AGED ABOUT 38 YEARS, R/O. HARUGERI, RAIBAG TALUK, BELAGAVI DISTRICT - 591220 ...PETITIONER (BY SRI SRINATH KULKARNI, ADVOCATE) AND:
STATE OF KARNATAKA, BY CHADCHAN POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, KALABURAGI-585103.
...RESPONDENT (BY SMT. MAYA T.R., HCGP) THIS CRL.P IS FILED U/S.482 OF CR.P.C. (OLD), U/SEC. 528 OF BNSS (NEW), PRAYING TO QUASH ALL FURTHER PROCEEDINGS AGAINST THE PETITIONER/ ACCUSED NO.4 IN CC NO.1128/2019 (CRIME NO.174/2017) OF CHANDCHAN POLICE STATION FOR THE ALLEGED OFFENCES PUNISHABLE U/SE. 116, 166, 167 R/W 34 OF INDIAN PENAL CODE AND SECTION 2(1)(k) R/W 29(b), 3(1) R/W 25(1B)(a), 26(1), 29(b), 30 OF INDIAN ARMS ACT, 1959, PENDING BEFORE THE ADDL. CIVIL JUDGE OF JMFC INDI.
IN CRL.P.NO.201697/2024:
BETWEEN:
SRI MALLIKARJUN ASODE S/O BASAVANTH, AGED ABOUT 46 YEARS, OCC: CIRCLE INSPECTOR OF POLICE,( PRESENTLY UNDER SUSPENSION), R/O. MORAB, RAIBAG TALUK, BELAGAVI DISTRICT-591317.
...PETITIONER (BY SRI SRINATH KULKARNI, ADVOCATE) -4- NC: 2025:KHC-K:960 CRL.P No. 201531 of 2024 C/W CRL.P No. 201564 of 2024 CRL.P No. 201568 of 2024 AND 3 OTHERS AND:
STATE OF KARNATAKA, BY CHADCHAN POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING COMPLEX, KALABURAGI-585103.
...RESPONDENT (BY SMT. MAYA T.R., HCGP) THIS CRL.P IS FILED U/S.482 OF CR.P.C. (OLD) U/SEC 528 OF BNSS, PRAYING TO, QUASH ALL FURTHER PROCEEDINGS AGAINST THE PETITIONER/ACCUSED NO. 3 IN C.C NO.1128/2022 (CRIME NO.174/2017) OF CHANDCHAN POLICE STATION, FOR THE ALLEGED OFFENCES PUNISHABLE U/SEC 116, 166, 167, R/W 34 OF INDIAN PENAL CODE AND SECTION 2(1)(k) R/W 29(b), 3(1) R/W 25(1B) (a), 26(1), 29(b), 30 OF INDIAN ARMS ACT, 1959.
IN CRL.P.NO.201699/2024:
BETWEEN:
SRI MALLIKARJUN ASODE S/O BASAVANT, AGED ABOUT 46 YEARS, OCC: CIRCLE INSPECTOR OF POLICE,( PRESENTLY UNDER SUSPENSION), R/O. MORAB, RAIBAG TALUK, BELAGAVI DISTRICT-591317.
...PETITIONER (BY SRI SRINATH KULKARNI, ADVOCATE) AND:
STATE OF KARNATAKA, BY CHADCHAN POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING COMPLEX, KALABURAGI-585103.
...RESPONDENT (BY SMT. MAYA T.R., HCGP) -5- NC: 2025:KHC-K:960 CRL.P No. 201531 of 2024 C/W CRL.P No. 201564 of 2024 CRL.P No. 201568 of 2024 AND 3 OTHERS THIS CRL.P IS FILED U/S.482 OF CR.P.C. (OLD), U/SEC. 528 OF BNSS (NEW), PRAYING TO A) TO SET ASIDE THE ORDER OF COGNIZANCE DATED 31.10.2022 BY CIVIL JUDGE AND JMFC, INDI, PRODUCED AT ANNEXURE-D. B) TO QUASH THE ENTIRE CHARGE SHEET AND ITS FURTHER PROCEEDINGS AGAINST THE PETITIONER / ACCUSED NO.3 IN CC NO. 6071/2022 (CRIME NO. 181/2017) OF CHANDCHAN POLICE STATION FOR THE ALLEGED OFFENCES PUNISHABLE U/SEC. 116, 166, 167 R/W 34 OF INDIAN PENAL CODE AND SECTION 2(1)(k) R/W 29(b), 3(1) R/W 25(1B) (a), 26(1), 29(b), 30 OF INDIAN ARMS ACT, 1959.
IN CRL.P.NO. 201700/2024:
BETWEEN:
SRI MALLIKARJUN ASODE S/O BASAVANTH, AGED ABOUT 46 YEARS, OCC: CIRCLE INSPECTOR OF POLICE,( PRESENTLY UNDER SUSPENSION), R/O. MORAB, RAIBAG TALUK, BELAGAVI DISTRICT-591317.
...PETITIONER (BY SRI SRINATH KULKARNI, ADVOCATE) AND:
STATE OF KARNATAKA, BY CHADCHAN POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING COMPLEX, KALABURAGI-585103.
...RESPONDENT (BY SMT. MAYA T.R., HCGP) THIS CRL.P IS FILED U/S.482 OF CR.P.C. (OLD) U/SEC 528 OF BNSS, PRAYING TO, QUASH THE ENTIRE ACCUSED NO. 3 IN C.C NO.6072/2022 (CRIME NO.172/2017) OF CHANDCHAN POLICE STATION, FOR THE ALLEGED OFFENCES PUNISHABLE U/SEC 116, 166, 167 R/W 34 OF INDIAN PENAL CODE AND SECTION 2(1)(K) R/W 29(b),3(1)R/W 25(1B)(a), 26(1), 29(b) OF INDIAN ARMS ACT 1959.-6-
NC: 2025:KHC-K:960 CRL.P No. 201531 of 2024 C/W CRL.P No. 201564 of 2024 CRL.P No. 201568 of 2024 AND 3 OTHERS THESE PETITIONS HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 28.01.2025, COMING ON FOR PRONOUNCEMENT OF ORDERS, THIS DAY THE COURT MADE THE FOLLOWING:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CAV ORDER (PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
1. Petitioners herein, who are accused in Crime No.172/2017, Crime No.174/2017 and Crime No. 181/2017 registered by Chadachan Police Station, Vijayapura for the offences punishable under Sections 116, 166, 167 read with Section 34 of IPC and Sections 2(1)(k), 29(b), 3(1), 25(1B)(a), 26(1), 29(b) and 30 of the Indian Arms Act, 1959 (hereinafter referred to as 'the Act' for short), are before this Court in these six petitions filed under Section 482 of Cr.PC with a prayer to quash the entire proceedings in the aforesaid three cases registered against them.
2. Heard the learned Counsel for the parties.
3. Learned counsel for the petitioners submits that even if the allegations found in the charge sheet against the petitioners are presumed to be true, the offences punishable under -7- NC: 2025:KHC-K:960 CRL.P No. 201531 of 2024 C/W CRL.P No. 201564 of 2024 CRL.P No. 201568 of 2024 AND 3 OTHERS Sections 166 and 167 of IPC do not prima facie get attracted.
On the other hand, offence punishable under Section 182 of IPC ought to have been invoked. Since, the said offence is covered under Section 195 of Cr.P.C., deliberately the said offence is not invoked in the charge sheet filed in the present case. He submits that petitioners are Police Officers and therefore, sanction as provided under Section 197 of Cr.PC. ought to have been obtained and in the absence of such sanction under Section 197 of Cr.PC., petitioners cannot be prosecuted. In support of his arguments, he has placed reliance on the judgment of the Hon'ble Supreme Court in the case of BASIR- UL-HUQ AND OTHERS VS. THE STATE OF WEST BENGAL - (1953) 1 SCC 637.
4. Per contra, learned HCGP has opposed the petitions. She submits that petitioners herein, who are Police Officers, are charge sheeted for the heinous offence of murder in Crime No.171/2017 and Crime No.92/2018 registered by Chadachan Police Station, Vijayapur. The impugned criminal proceedings in the present case were registered by Gopal Hallur, who was then working as the Sub-Inspector of Police, Chadachan Police -8- NC: 2025:KHC-K:960 CRL.P No. 201531 of 2024 C/W CRL.P No. 201564 of 2024 CRL.P No. 201568 of 2024 AND 3 OTHERS Station at the instance of his higher officer Mallikarjun Asode, who was then the Circle Inspector of Chadachan Police Station and therefore, Section 182 of IPC does not get attracted and on the other hand, only offences punishable under Sections 166 and 167 of IPC gets attracted. She submits that the alleged act of the petitioners cannot be said to have been committed by them during the course of discharge of their official duty and therefore, sanction under Section 197 of Cr.P.C. is not required. Accordingly, she prays to dismiss the petitions.
5. Learned HCGP, who has seriously opposed the prayer made in these petitions, has produced a copy of the charge sheets filed in Crime No.171/2017 and in Crime No.92/2018 by Chadachan Police Station. The petitioners herein are charge sheeted for the offence punishable under Section 302 of IPC in Crime No.171/2017 and Crime No.92/2018 by Chadachan Police Station, Vijayapur District and since the impugned criminal proceedings has a nexus with the crime committed by petitioners in Crime No.171/2017 and Crime No.92/2018, it is relevant to narrate the background in which the present criminal cases were registered. In the charge sheet filed in -9- NC: 2025:KHC-K:960 CRL.P No. 201531 of 2024 C/W CRL.P No. 201564 of 2024 CRL.P No. 201568 of 2024 AND 3 OTHERS Crime No.171/2017, petitioners who were working as Sub- Inspector of Police and Circle Inspector of Police at the relevant point of time in Chadachan Police Station, have been arraigned as accused No.2 and accused No.3 and in the charge sheet filed in Crime No.92/2018, petitioners have been arraigned as accused No.12 and accused No.13 respectively.
6. In the said charge sheets, it is alleged that petitioners, who are arraigned as accused in the above said cases, were closely associated to accused No.1/Mahadeva Sahukara Bhairagonda in the said cases and said Mahadeva Sahukara Bhairagonda had long standing enmity with Dharmaraj Chadachana and Gangadhar Chadachana. As against aforesaid Dharmaraj Chadachana, Gangadhar Chadachana and Mahadeva Sahukara Bhairagonda multiple criminal cases for committing heinous offences like murder etc. were pending consideration. Accused No.1/Mahadeva Sahukara Bhairagonda had conspired with other accused persons in Crime No.171/2017 to commit the murder of aforesaid Dharmaraj Chadachana and his brother Gangadhar Chadachana and the petitioners herein were also party to the said conspiracy. In furtherance of the said
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NC: 2025:KHC-K:960 CRL.P No. 201531 of 2024 C/W CRL.P No. 201564 of 2024 CRL.P No. 201568 of 2024 AND 3 OTHERS conspiracy, on 30.10.2017, a fake encounter was held and in the said incident, accused/Gopal Hallur had shot dead Dharmaraj Chadachana and thereafter, at the instance of accused/Mallikarjun Asode on the basis of the first information submitted by CW1, FIR was registered in Crime No.171/2017 wherein it was stated that Dharmaraj Chadachana was shot dead when he attempted to attack Police Officers, who had gone to arrest him. In the charge sheet, it is mentioned that accused/Mallikarjun Asode threatened CW52 to CW57 who were present at the spot and also had thereafter filed false criminal cases against them. The impugned criminal proceedings was therefore, registered against CW52 to CW57 in Crime No.171/2017, by Gopal Hallur at the instance of Mallikarjun Asode on the false allegation of committing dacoity. After entire investigation in Crime No.171/2017 was done, it was found that Dharmaraj Chadachana was murdered in a fake encounter by the accused/Gopal Hallur in furtherance of the conspiracy with the other accused.
7. It appears that based on the extra judicial confession made by one of the accused, Investigating Officer came to
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NC: 2025:KHC-K:960 CRL.P No. 201531 of 2024 C/W CRL.P No. 201564 of 2024 CRL.P No. 201568 of 2024 AND 3 OTHERS know about the murder of Gangadhar Chadachana, brother of aforesaid Dharmaraj Chadachana which was also committed on 30.10.2017 itself in a different place. It is in these circumstances, FIR in Crime No.92/2018 was registered and charge sheet filed in the said case would go to show that Gangadhar Chadachana was summoned to the place where he was murdered stating that aforesaid Mallikarjun Asode had asked him to come there. When Gangadhar Chadachana reached the said spot, accused named in Crime No.92/2018 committed his murder and cut his body into pieces and threw the same into a channel. Even in the charge sheet filed in Crime No.92/2018, there is a serious allegation as against the petitioners.
8. The impugned criminal proceedings arising out of FIR registered in Crime No.172/2017, Crime No.174/2017 and Crime No. 181/2017 registered by Chadachan Police Station, Vijayapura, was registered by accused/Gopal Hallur in his capacity as Police Sub-Inspector of Chadachan Police Station against CW52 to CW57 in Crime No.171/2017. The allegation in the charge sheet filed in Crime No.172/2017, Crime
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NC: 2025:KHC-K:960 CRL.P No. 201531 of 2024 C/W CRL.P No. 201564 of 2024 CRL.P No. 201568 of 2024 AND 3 OTHERS No.174/2017 and Crime No. 181/2017 registered by Chadachan Police Station against the petitioners herein is that false cases was initially registered against CW 52 to CW57 in the aforesaid three criminal cases, on the basis of the first information given by persons who were setup by the petitioners herein for the offence punishable under Section 395 of IPC and Sections 25 and 27 of the Act. The allegation in the FIR was that deceased Dharmaraj Chadachan and his accomplices had barged into the house of first informant in the aforesaid three cases and had forcibly taken the firearms which were the subject matter of these three crimes. The said firearms were subsequently planted at the spot of crime in Crime No.171/2017 by Gopal Hallur and an attempt was made to create false evidence against deceased Dharmaraj Chadachan and also to falsely implicate his accomplices, in the aforesaid three cases namely, Crime No.172/2017, Crime No.174/2017 and Crime No. 181/2017. It is only after the role played by the petitioners in the murder of Dharmaraj Chadachana and his brother Gangadhar Chadachana was revealed during the course of investigation in Crime No.171/2017 and Crime No.92/2018, it appears that their role in registering false criminal cases in
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NC: 2025:KHC-K:960 CRL.P No. 201531 of 2024 C/W CRL.P No. 201564 of 2024 CRL.P No. 201568 of 2024 AND 3 OTHERS Crime No.172/2017, Crime No.174/2017 and Crime No. 181/2017 also got revealed. It is under these circumstances, they have been charge sheeted in Crime No.172/2017, Crime No.174/2017 and Crime No. 181/2017.
9. Though it is contended on behalf of the petitioners that the offence punishable under Section 182 of IPC gets attracted in these cases and not the offences punishable under Sections 166 and 167 of IPC, considering the nature of allegations found as against the petitioners in the charge sheet, I am of the opinion that the offence punishable under Section 182 of IPC does not get attracted against them and only offences punishable under Sections 166 and 167 of IPC gets attracted against them. Section 182 of IPC reads as under:
"182. False information, with intent to cause public servant to use his lawful power to the injury of another person.- Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public servant-
(a) to do or omit anything which such public servant ought not to do or omit if the true
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NC: 2025:KHC-K:960 CRL.P No. 201531 of 2024 C/W CRL.P No. 201564 of 2024 CRL.P No. 201568 of 2024 AND 3 OTHERS state of facts respecting which such information is given were known by him, or
(b) to use the lawful power of such public servant to the injury or annoyance of any person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both."
10. For the purpose of attracting the offence punishable under Section 182 IPC based on information given to a public servant which the informant knows or believes to be false, causes such public servant do such acts as stated in clause (a) & (b) of Section 182 IPC, is liable to be punished. Therefore, the allegations found as against the petitioners in the charge sheet do not prima facie attract the offence punishable under Section 182 IPC.
11. The allegation against the petitioners herein is that Gopal Hallur, who was working as a Police Sub-Inspector at Chadachan Police Station, at the instance of Mallikarjun Asode, who was working as Circle Inspector of Chadachan Police Station, Vijayapur, had registered these three false cases in
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NC: 2025:KHC-K:960 CRL.P No. 201531 of 2024 C/W CRL.P No. 201564 of 2024 CRL.P No. 201568 of 2024 AND 3 OTHERS Crime No.172/2017, Crime No.174/2017 and Crime No. 181/2017 as against CW52 to CW57 who were present at the spot of crime, when Dharmaraj Chadachan was murdered in a fake encounter by Gopal Hallur. Therefore, the ingredients for the offence punishable under Section 182 of IPC is not found in the allegations made against the petitioners herein in the charge sheet, whereas allegations as against them would only attract the offences punishable under Sections 166 and 167 of IPC. Therefore, the judgment of the Hon'ble Supreme Court in the case of Basir-Ul-Huq (supra) cannot be made applicable to the facts of the present cases.
12. The act committed by the petitioners in the present case cannot be said to have been committed during the course of discharge of their official duties. Petitioners, who are facing charges for committing the murder of Dharmaraj Chadachana and Gangadhar Chadachana in Crime No.171/2017 and 92/2018 have managed to register false criminal cases as against the witnesses in those cases, who were present at the spot of crime in Crime No.171/2017, when Gopal Hallur committed the murder of Dharmaraj Chadachan in their
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NC: 2025:KHC-K:960 CRL.P No. 201531 of 2024 C/W CRL.P No. 201564 of 2024 CRL.P No. 201568 of 2024 AND 3 OTHERS presence. The allegation against Mallikarjun Asode in Crime No.171/2017 is that he was a party to the conspiracy to commit the murder and had threatened CW52 to CW57 of filing false criminal cases against them in the event they revealed the fact of fake encounter and it appears that in furtherance of such threat, the aforesaid three criminal cases were got registered by him through his Junior Officer - Gopal Hallur. Since the acts committed by petitioners is not committed during the course of discharge of their duty, sanction under Section 197 of Cr.P.C. is not necessary to prosecute them.
13. The Hon'ble Supreme Court in the case of RAJIV KOURAV VS. BAISAHAB AND OTHER - (2020) 3 SCC 317, has observed that it is trite law that the High Court cannot embark upon the appreciation of evidence while considering the petition filed under Section 482 of Cr.P.C. for quashing the criminal proceedings. If a prima facie case is made out disclosing the ingredients of the offence alleged against the accused, the Court cannot quash a criminal proceedings.
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NC: 2025:KHC-K:960 CRL.P No. 201531 of 2024 C/W CRL.P No. 201564 of 2024 CRL.P No. 201568 of 2024 AND 3 OTHERS
14. In the case of CENTRAL BUREAU OF INVESTIGATION VS. ARYAN SINGH AND OTHERS - 2023 SCC ONLINE SC 379, the Hon'ble Supreme Court at paragraph No.10 has observed as follows:
"10. From the impugned common judgment and order passed by the High Court, it appears that the High Court has dealt with the proceedings before it, as if, the High Court was conducting a mini trial and/or the High Court was considering the applications against the judgment and order passed by the learned Trial Court on conclusion of trial. As per the cardinal principle of law, at the stage of discharge and/or quashing of the criminal proceedings, while exercising the powers under Section 482 Cr.P.C., the Court is not required to conduct the mini trial. The High Court in the common impugned judgment and order has observed that the charges against the accused are not proved. This is not the stage where the prosecution / investigating agency is/are required to prove the charges. The charges are required to be proved during the trial on the basis of the evidence led by the prosecution / investigating agency. Therefore, the High Court has materially erred in going in detail in the allegations and the material collected during the course of the investigation against the accused, at this stage. At the stage of discharge and/or while exercising the powers under Section 482 Cr.P.C., the Court has a very limited jurisdiction and is required to consider "whether any sufficient material is available to proceed further against
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NC: 2025:KHC-K:960 CRL.P No. 201531 of 2024 C/W CRL.P No. 201564 of 2024 CRL.P No. 201568 of 2024 AND 3 OTHERS the accused for which the accused is required to be tried or not".
15. Petitioners, who are responsible Police Officers have not only indulged in committing heinous offence of murder in Crime No.171/2017 and Crime No.92/2018 but have also indulged in committing the alleged offences in the impugned criminal proceedings and therefore, I do not find any good ground to entertain these petitions. Accordingly, petitions are dismissed.
Sd/-
(S.VISHWAJITH SHETTY) JUDGE DN