Court Dismisses Petition to Quash FIR, Citing Sufficient Grounds for Investigation Under Bharatiya Nyaya Sanhita, 2023
In a notable decision, the Karnataka High Court, Dharwad Bench, presided over by Justice Anant Ramanath Hegde, has dismissed a petition filed by Gadilinga seeking to quash an FIR registered against him under Sections 308(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The FIR, lodged at Moka Police Station, alleges that Gadilinga and others impersonated police officers to extort money from the complainant.
The court examined the petitioner's argument that the allegations in the complaint did not constitute a prima facie case for extortion under the Bharatiya Nyaya Sanhita, 2023. However, Justice Hegde emphasized that the complaint's contents suggested a credible threat and demand for bribes, thereby necessitating a thorough investigation. The court reiterated that the presence of certain factors such as police uniform or vehicle is not mandatory to establish a prima facie case of extortion, as alleged by the complainant.
Citing the Supreme Court's ruling in the landmark Bhajan Lal case, the court underscored that quashing an FIR should only be considered when the allegations do not disclose a cognizable offence. In this context, the court stated that the allegations in the complaint clearly indicated a cognizable offence, warranting police investigation.
Justice Hegde further referenced the Supreme Court's decision in Neeharika Infrastructure Private Limited v. State of Maharashtra, which outlines that the courts should refrain from interfering with the investigative process unless the FIR fails to disclose any offence. The court affirmed that the investigation should proceed to verify the allegations, including the demand for ?3,00,000 and the refusal of an initial payment of ?2,00,000 by the complainant.
The judgment reinforces the judiciary's stance on maintaining a clear demarcation between the investigative and judicial processes, ensuring that investigations into cognizable offences are not prematurely halted. The court's decision is a significant reminder of the judiciary's limited role in intervening at the investigation stage, emphasizing the necessity for a complete and impartial investigation by the police.
Bottom line:-
Allegations in the complaint should disclose a prima facie cognizable offence for the court to deny quashing the FIR and allow the investigation to proceed.
Statutory provision(s): Bharatiya Nyaya Sanhita, 2023, Section 308; Criminal Procedure Code, 1973, Section 482
Gadilinga v. State of Karnataka, (Karnataka)(Dharwad Bench) : Law Finder Doc id # 2942076
