Karnataka HC Refuses To Quash KPTCL Exam Case Against Teacher Accused Of Relaying Answers To Candidates By Phone

In brief

The question

1. Whether the proceedings against the petitioner should be quashed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, where he argued that his implication rested on co-accused statements and that the complaint contained no specific allegation against him.

The court held

The Court dismissed the criminal petition, declining to quash the proceedings in C.C. No. 537/2025 insofar as they concerned the petitioner.

It also directed

Pending interlocutory applications, if any, were disposed of as not surviving for consideration.

01Facts

The petitioner, arrayed as accused No. 11, sought to quash proceedings in C.C. No. 537/2025 arising from an Athani Police Station investigation into alleged malpractice in the KPTCL Junior Assistant recruitment examination conducted by the Karnataka Examination Authority on 7 August 2022.

pp. 2–5

The prosecution alleged that the petitioner and others prepared answers to a leaked question paper and communicated them by telephone to candidates during the examination.

pp. 2–5

The petitioner contended that the complaint and FIR contained no specific allegation against him and that he had been implicated on the basis of co-accused statements.

pp. 2–5

The State opposed quashing, asserting that the allegations were serious and required a trial.

pp. 2–5

02Issues

i.1. Whether the proceedings against the petitioner should be quashed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, where he argued that his implication rested on co-accused statements and that the complaint contained no specific allegation against him.

pp. 2, 4–5

ii.2. Whether the petitioner’s challenge to the factual allegations could be determined in a quashing petition or should be considered at trial.

p. 13

03Law Applied

Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 482 of the Code of Criminal Procedure) provides the High Court’s inherent jurisdiction to consider quashing criminal proceedings.

p. 2

The alleged offences were under Sections 120B, 420, 417, 411, 426, 406, 116 and 201, read with Section 34 of the Indian Penal Code.

p. 5

The Court considered *Surinder Kumar Khanna v. Intelligence Officer, Directorate of Revenue Intelligence*, (2018) 8 SCC 271, for the principle that a court cannot begin its assessment with a co-accused’s confession: it must first consider other prosecution evidence, and may then use the confession only to lend assurance to a conclusion otherwise supported by that evidence.

pp. 5–6

Provisions in the judgment · 15 · Linked ones open on LawLens

Code of Criminal Procedure, 1973 Section 482

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528

Indian Penal Code, 1860 13 provisions

Section 34 Section 109 Section 116 Section 201 Section 406 Section 411 Section 417 Section 419 Section 420 Section 426 Section 465 Section 468 Section 471

04Reasoning

The Court noted that the charge-sheet allegations against the petitioner were that he, along with other accused, prepared answers to the leaked examination paper and communicated them to candidates during the examination.

pp. 5–6

It distinguished the authorities relied on by the petitioner, finding that the facts in those cases differed from the present case and that the allegations here were grave.

pp. 12–13

The Court further held that the petitioner’s factual challenges could not be resolved in the Section 528 quashing proceedings and could be raised during trial.

p. 13