B.N. GOPALAKRISHANA Vs. GOVERNMENT OF KARNATAKA AND OTHERS

JUDGEMENT

(1.) A case was registered in Crime No.9/11 on 19.1.11 by the Whitefield police for the offences punishable u/Ss 457 and 380 Penal Code against unknown offender. Subsequently a case was registered in Crime No. 15/2011 in respect of the offences under Sections 399 and 402, Penal Code on 25.1.11. Three accused persons were arrested in the later case and two accused are stated to be absconding.

(2.) It is the further case of the petitioner that during the course of investigation, the involvement of the very same accused in Crime No.9/11 also came to light. The charge -sheet was filed in respect of both cases by the PSI in respect of offence for which case was registered.

(3.) Subsequently on a petition by the de facto complainant of Crime No.9/2011, alleging that the investigation has not been conducted in fair and proper manner, CID investigated into the matter and submitted report to the Court as well as to the Director General of Police whereby the investigation of Crime No. 15/11 was found to be proper, but the investigation in respect of Crime No.9/11 was held to be improper and fraught with irregularity. Thereafter, the prosecutor filed an application before the Court in Crime 15/11 under Sec. 321 of Cr.P.C for withdrawal of the prosecution and the Court permitted withdrawal, thereby the accused were discharged.