Facts
The complainant alleged that the petitioner, a clerk at the Ballari RTO, demanded money to transfer a vehicle into the complainant’s name.
Source reference: para. 2–7During a trap on 17 December 2020, ₹700 was recovered from Accused No. 2; the charge-sheet alleged that Accused No. 2 had demanded ₹1,400 and handed ₹700 to the petitioner.
Source reference: para. 2–7The charge-sheet also relied on a voice recording and FSL reports.
Source reference: para. 2–7The petitioner sought to quash the proceedings under Section 528 of the BNSS, disputing demand, acceptance, and the existence of material connecting him to the offence.
Source reference: para. 2–7By the time the petition was considered, the Special Court had framed charges and posted the matter for trial.
Source reference: para. 2–7Issues
Whether the charge-sheet material disclosed a prima facie case against the petitioner warranting continuation of the proceedings
Source reference: para. 7Whether the High Court should quash the proceedings under Section 528 of the BNSS where charges had been framed and the petitioner’s objections involved disputed questions of fact
Source reference: paras. 5–7Law Applied
The petition invoked Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of proceedings for an alleged offence under Section 7A of the Prevention of Corruption Act, 1988.
Source reference: para. 2Once charges have been framed and the matter set down for trial, the High Court should be slow to exercise its quashing jurisdiction; it also held that disputed questions of fact, including the alleged demand and acceptance, are not to be adjudicated in such a petition.
Source reference: paras. 6–7The Court referred generally to decisions of the Supreme Court but did not identify them.
Source reference: para. 7Reasoning
The Court found prima facie material in the charge-sheet: the alleged demand and receipt of money, Accused No. 2’s statement that ₹700 was handed to the petitioner, and the voice recording and FSL reports concerning the alleged bribe demand.
Source reference: para. 7The petitioner’s arguments that the money was recovered from Accused No. 2 and that no demand or acceptance by the petitioner was established raised factual disputes for trial.
Source reference: paras. 5–7Given that charges had already been framed, the Court found no exceptional circumstance justifying quashing.
Source reference: paras. 5–7Holding
The Court held that the petitioner had not established grounds for quashing the proceedings and dismissed the petition.
Pending interlocutory applications, if any, were also dismissed.
Source reference: no citationActs & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Bharatiya Nagarik Suraksha Sanhita, 20231
Original Court PDF
MANJUNATHA S/O LATE M MALLESHAPPAvsTHE STATE OF KARNATAKA
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