Karnataka HC Quashes Assault Case Against Five Accused, Finding Head Constable—Not PSI—Conducted Investigation

The petitioners sought to quash proceedings in C.C. No. 2797/2020, arising from Crime No. 27/2020, for alleged offences under Sections 143, 147, 148, 323, 324, 504 and 506 read with Section 149 of the IPC.

The case followed an incident alleged to have occurred on 19 April 2020; the police investigated and filed a charge sheet.

The petitioners contended that Head Constable Venkatesh (CHC 599) had conducted the investigation and was not competent to do so.

The State relied on the PSI’s signature on the charge sheet and on a notice issued under Section 41(a) CrPC, and also referred to the wound certificate recording simple injuries.

On examining the charge sheet, the Court noted that column 14 identified CHC 599 as the Investigating Officer, although the PSI had signed column 17.

The Court considered its inherent power under Section 482 CrPC to prevent miscarriage of justice or abuse of process.

It relied on its decision in Criminal Petition No. 512/2020, dated 11 September 2026, for the proposition that, in the circumstances addressed there, a Head Constable who was not a Station House Officer was not competent to conduct the investigation.

The IPC provisions alleged in the charge sheet were Sections 143, 147, 148, 323, 324, 504 and 506 read with Section 149.

The Court treated column 14 of the charge sheet—which expressly named CHC 599 as the Investigating Officer—as showing that the investigation had been conducted by the Head Constable, notwithstanding the PSI’s signature in column 17 or the PSI’s signature on the Section 41(a) notice.

Applying its earlier decision, the Court concluded that CHC 599 was not a competent officer to investigate the matter.

It considered continuation of the prosecution in those circumstances to risk miscarriage of justice and constitute an abuse of process, warranting intervention under Section 482 CrPC.