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Showing contexts for: section 118 penal code in Kavitha Lankesh vs The State Of Karnataka on 21 October, 2021Matching Fragments
4 for short, ‘the SIT'
4. After due consideration of the stated report and the entire investigation papers and record of evidence collected by the SIT, the Commissioner of Police, Bengaluru City in exercise of powers under Section 24(1)(a) of the 2000 Act accorded prior approval for invoking Section 3 of the 2000 Act in respect of crime being FIR No.221/2017, vide communication dated 14.08.2018.
5. After completion of the investigation, the Additional Director General of Police and Commissioner of Police, Bengaluru City accorded sanction under Section 24(2) of the 2000 Act. The final police report then came to be filed on 23.11.2018 before the Special Court at Bengaluru, for offences punishable under Sections 302, 120B, 114, 118, 109, 201, 203, 204 and 35 of the IPC. Further charges were also invoked under Sections 25(1), 25(1B) and 27(1) of the Arms Act and Section 3(1)(i), 3(2), 3(3) and 3(4) of the 2000 Act. The additional chargesheet came to be filed against named accused Nos.1 to 18 before the Principal City Civil and Sessions Judge Court (CCH1) in Special C.C.No.872 of 2018 under the stated provisions, in which private respondentMohan Nayak.N was named as accused. The Court then took cognizance on 17.12.2018.
6. It is only after the cognizance was taken by the competent Court, the private respondentMohan Nayak.N was advised to file Writ Petition No.9717 of 2019 before the High Court on 25.02.2019, for the following reliefs:
“PRAYER WHEREFORE, the Petitioner above named most respectfully prays that this Hon’ble Court may be pleased to;
(a) Issue a writ in the nature of certiorari or any other writ or order or direction, quashing the order dated: 14.08.2018 passed by the third Respondent herein in No.CRM(1) KCOCA/01/2018 thereby passing an order of approval under section 24(1)(a) of the Karnataka Control of Organised Crimes Act, 2000 (herein after referred to as KCOCA Act for short) to invoke the section 3 of the said Act in Crime No.221/2017 registered by the fifth Respondent herein for the offences punishable under section 302, 120B, 118, 114 read with section 35 of the Indian Penal Code and sections 3 and 25 of the Indian Arms Act and also the additional charge sheet filed by the fourth Respondent herein against the Petitioner in so far as section 3(i), 3(ii), 3(iii) and 3(iv) of the KCOCA Act, which are produced as ANNEXURESA & B respectively; and
14. To recapitulate the relevant factual background, be it noted that FIR under Section 154 of the Criminal Procedure Code was registered with Rajarajeshwari Nagar Police Station being Crime No.221/2017 dated 05.09.2017 initially for offences punishable under Section 302 of the IPC and Section 25 of the Arms Act at the instance of the appellantKavitha Lankesh against unknown persons. Considering the nature of offence, the Government of Karnataka constituted a SIT vide order dated 06.09.2017 headed by Mr. B.K. Singh, IPS, IGP, Intelligence, Bengaluru. Mr. M.N. Anucheth, IPS, DCP (West) was nominated as the Chief Investigating Officer of the SIT. The SIT after taking over the investigation submitted preliminary chargesheet dated 29.05.2018 against accused K.T. Naveen Kumar @ Naveen 18 before the concerned Court for offences punishable under Sections 302, 114, 118, 120B and 35 of the IPC read with Sections 3 and 25 of the Arms Act. The preliminary chargesheet was accompanied with documents and list of witnesses. On the basis of material collected during further investigation, report dated 07.08.2018 was submitted by the Chief Investigating Officer of the SIT to the Commissioner of Police, Bengaluru City for according prior approval for invoking provisions of the 2000 Act in respect of crime already registered. The Commissioner of Police, Bengaluru City after going through the stated report, entire investigation papers and record of evidence collected until then, was satisfied that the accused Parshuram Wagmore19, Amith Baddi20, and Ganesh 18 Not named in FIR No.221/2017; shown as accused No.1 in the preliminary chargesheet and in prior approval and as accused No.17 in the additional chargesheet.