Karnataka HC Lets Complainant Protest Police Dropping Accused From Chargesheet After Co-Accused Plead Guilty

The complainant alleged that, on 20 July 2023, Karunakara and 11 others trespassed into his flat, damaged the door and lock, stole silver articles, and assaulted him.

Police registered a case and, after investigation, charge-sheeted certain accused but dropped accused No. 6, Nirmala.

The Magistrate took cognizance against the charge-sheeted accused, who pleaded guilty and were sentenced; the proceedings were then closed.

The complainant challenged the order, contending that he had not been given an opportunity to protest the dropping of accused No. 6.

The petition was brought under Section 482 of the Code of Criminal Procedure, invoking the High Court’s inherent jurisdiction.

The alleged offences were under Sections 427, 504 and 506 read with Section 34 of the Indian Penal Code.

The Court applied the procedural principle that, in the circumstances of this case, the complainant ought to have been permitted to place a protest petition or memo before the Magistrate challenging the omission of an accused from the charge sheet.

Accused No. 6 was named in the complaint but was subsequently omitted from the charge sheet after investigation.

The Magistrate then proceeded against the remaining charge-sheeted accused and closed the proceedings after they pleaded guilty and were sentenced.

The High Court considered that the Magistrate had proceeded without giving the complainant an opportunity to challenge the omission of accused No. 6.

It therefore held that the complainant should be permitted to raise that challenge by filing a protest petition or memo before the Magistrate.

The petition was allowed in part.