New Delhi/Bengaluru, November 06, 2020: The Karnataka High Court has quashed the criminal proceedings initiated against former Minister K J Georeg and Senior Ips Officers A.M.Prasad and Pronab Mohanty for allegedly abetting Deputy superintendent of Police M.K. Ganapathy to commit suicide in July 2016, while allowing the petitions filed by Mr. George, Mr. Prasad and Mr. Mohanty.

The Karnataka High Court Single Judge Bench of Justice John Michael Cunha while quashing the orders of the special Court, observed that “I the evidence collected by the investigating Agency, even if accepted in its entirety, does not disclose mens rea or instigation of the offence under section 306r/w 34 pf IPCin the absence of any material to make out the ingredients of the above offence, there was absolutely no reason  or justification for the Special Court to reject the well founded report filed by  CBI and to take cognizance of the alleged offence and issue summons to the petitioners.”

Further the Court observed that Regarding the same incident, the son of the deceased filed a complaint before Kushalnagar police. The same was not registered in view of pendency of UDR No.9/2016.

Aggrieved by  the non-registration of the complaint, the son of the deceased namely, respondent No.2 herein filed a private complaint in PCR No.167/2016. The learned Magistrate referred the complaint for investigation under section 156(3) Cr.P.C. and accordingly FIR in Cr.No.89/2016 was registered in Madikeri police station.

Accused Nos.2 and 3 approached this Court under section 482 Cr.P.C. in Crl.P.No.5285/2016 seeking to quash the above FIR. This petition was withdrawn with certain observations and in terms thereof, the DG and IGP, Karnataka entrusted the investigation to CID.

In the mean-while, the father (respondent No.3) and one of the brothers of the deceased (respondent No.6 herein) filed W.P.Nos.49434-49435/2016 before the High Court of Karnataka seeking direction to entrust the investigation to CBI. These petitions were dismissed.

The appeals preferred against the order of the Single Judge was also dismissed by the High Court. The father and brother of the deceased carried the matter to Hon’ble Supreme Court contending that they apprehended foul play in the matter and that it could be a case of murder, even though the complainants earlier learnt it to be a suicide.

It was also contended that the deceased soon before his death in a television interview had named the accused persons from whom he apprehended danger to his life. In view of this submission, the Hon’ble Supreme Court directed the investigation to be handed over to CBI. The Special Court has committed an error in taking cognizance of the alleged offence without the matter being referred under section 193 Cr.P.C. 

The bench has further said that Since the material on record does not prima-facie disclose commission of the offence by the petitioners, the action initiated against the petitioners/accused Nos.1 to 3 being wholly illegal, perverse and amounting to abuse of process of court deserves to be quashed. It was also contended that the deceased soon before his death in a television interview had named the accused persons from whom he apprehended danger to his life. In view of this submission, the Hon’ble Supreme Court directed the investigation to be handed over to CBI.

News Courtesy:PIB | Hindu| DC | LE | LI | LO | IE | LL | PTI |ht | ET | UNI | DNA | FP | Jurist |IndToday|

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