Criminal Petition No. 1063 of 2016. Case: Nagaraj and Ors. Vs State. Karnataka High Court

Case Number:Criminal Petition No. 1063 of 2016
Party Name:Nagaraj and Ors. Vs State
Counsel:For Appellant: Younous Ali Khan, Advocate and For Respondents: Vijayakumar Majage, Addl. SPP
Judges:John Michael Cunha, J.
Issue:Code of Criminal Procedure, 1973 (CrPC) - Sections 154, 155, 155(1), 155(2), 2(d), 482; Indian Penal Code 1860, (IPC) - Sections 186, 189
Judgement Date:March 15, 2017
Court:Karnataka High Court
 
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Order:

John Michael Cunha, J.

  1. This petition is filed under section 482 of Cr.P.C. seeking to quash the F.I.R. in Cr. No. 117/2014 of Srirampura Police Station pending on the file of VII A.C.M.M., Bengaluru.

  2. The respondent Police registered the above F.I.R. on 8.4.2014 on the basis of the complaint lodged by Sri. B.L. Janardhan - the Police Officer of Srirampura Police Station. In the complaint it is alleged that the petitioners herein (accused No. 1 and 2) had contested from Ward Nos. 95 and 96 on independent seats and had won the elections and were elected as Corporators. Later, petitioner No. 1 had contested the M.L.A. election and lost the same. According to the complainant, petitioners herein had political grudge against Congress Party leaders and therefore, they were habituated in accusing rival political party members for every incident that took place in the locality. Petitioners had also instituted a case against the present Corporator Queen Elizabeth alleging that she has won the election after fabricating a false caste certificate. It is alleged in the complaint that on the basis of the complaints received against the petitioners, the Police are conducting a fair enquiry and have submitted reports to the Court and are maintaining law and order in the locality on the direction of superiors. Petitioner and his family members are trying to pressurize the police to prevent the police from taking action against them in cases filed against them by making false allegations against the police before political leaders. Rowdy sheet was opened against the petitioner No. 1 and was deleted upon the orders of this Court. It is alleged that Cr. No. 240/2013, Cr. No. 243/2013, Cr. No. 244/2013 and Cr. No. 247/2013 and Cr. No. 22/14 are pending against the petitioners. It is further alleged that in order to keep the Government servants under his thumb, petitioner No. 1 has been making false and baseless allegations against the Government servants and trying to create hurdles in the work of the Government servants. It is further alleged in the complaint that petitioner No. 1 used to threaten the Government servants that he along with his family will commit suicide and has also written complaints to the Government and CID. It is further alleged in the complaint that as the petitioners are making baseless allegations only to harass the complainant, police have registered a F.I.R. against the petitioners.

  3. On the basis of the said...

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