Karnataka High Court
Criminal LawCriminal Procedure and Evidence

Disputed facts and evidentiary defences must be adjudicated at trial, not in quashing proceedings.

SHIVAKUMAR K.P. vs STATE BY

Karnataka High CourtJUDGMENT: October 01, 20262 MIN READSOURCE JUDGMENT
Disputed facts and evidentiary defences must be adjudicated at trial, not in quashing proceedings.. SHIVAKUMAR K.P. vs STATE BY. Karnataka High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

Respondent No. 2’s complaint concerning an alleged incident was registered as Crime No. 94 of 2024; following investigation, a charge sheet was filed against the petitioners, and proceedings were pending in C.C. No. 5193 of 2024 before the II Additional Civil Judge and JMFC, Hassan

Source reference: pp. 2–3, paras. 1–2

The petitioners sought to quash the charge sheet and proceedings, asserting that the incident occurred differently and that the wound certificate was unreliable because it was issued by a private hospital despite the complaint referring to treatment at a Government Hospital

Source reference: pp. 3–4, para. 3

The petitioners had also lodged a complaint concerning the same occurrence, resulting in separate proceedings that had reached the evidence stage

Source reference: pp. 3–4, para. 3.1; p. 6, para. 9
02

Issues

Whether the charge sheet and pending criminal proceedings should be quashed where the petitioners’ grounds turn on competing accounts of the incident and a challenge to the wound certificate

Source reference: pp. 5–6, paras. 7–8

Whether the High Court, exercising inherent jurisdiction under Section 528 of the BNSS, may decide disputed factual matters requiring appreciation of evidence

Source reference: pp. 6–7, paras. 10–12
03

Law Applied

Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, confers inherent jurisdiction on the High Court; the Court held that this jurisdiction does not permit detailed appreciation of evidence or adjudication of disputed questions of fact that constitute the accused’s defence

Source reference: p. 6, para. 11

Where the charge sheet contains material, including witness statements supporting the prosecution case, and the parties present competing versions of an occurrence, the factual dispute is for the trial court to determine upon appreciation of evidence

Source reference: pp. 6–7, paras. 10–12
04

Reasoning

The petitioners’ assertions about how the incident occurred and the authenticity or reliability of the wound certificate raised factual issues rather than grounds capable of determination through the High Court’s inherent jurisdiction

Source reference: pp. 5–6, paras. 7–8, 11

The investigation had recorded statements of several witnesses supporting the prosecution, while the petitioners’ complaint had generated a competing version of the same occurrence

Source reference: p. 6, paras. 9–10

The Court therefore left those matters for adjudication at trial and found no basis to quash the proceedings

Source reference: pp. 6–7, paras. 11–12
05

Holding

The Court dismissed the criminal petition, reserving liberty to the petitioners to raise and pursue their defences before the trial court

Pending interlocutory applications were also dismissed as not surviving for consideration

Source reference: p. 7, para. 13
06

Acts & Sections Cited

8 provisions across 2 statutes referred to in this judgment. Each provision opens on LawLens.

Code of Criminal Procedure, 19731

Karnataka High Court

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SHIVAKUMAR K.P.vsSTATE BY

Karnataka High Court · October 01, 2026

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