VASU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the petitioner's counsel and learned HCGP for the respondent-State.

(2.) The factual matrix of the case is that the police have registered the case against this petitioner for the offences punishable under Sections 465, 471, 472 and 420 of IPC, based on the complaint of Dr. Usha P Hasyagar, vide Annexure-D and in the nutshell that this petitioner is indulged in borrowing loans from the Society and the different financial institutions and when he availed loans from the different institutions, she come to know that her signatures were forged and seals used were not belonged to the said society, hence, she lodged the complaint. The police after investigation have filed charge sheet in terms of Annexure-F and Annexure-G order sheet reveals that summons was issued to him and the same was not served and thereafter, NBW was issued and he was not secured; proclamation was also issued and published and no properties were found in the name of the accused, hence, the evidence was recorded under Section 299 of Cr.P.C., subsequently, the accused appeared before the Court below and obtained bail on 30.06.2015. The petitioner after obtaining bail has approached this Court invoking Section 482 of Cr.P.C. praying to call for the records and quash the FIR, complaint and charge sheet vide Annexures- D, E and F respectively and also the entire proceedings in CC No.115/2008 vide Annexure-G.

(3.) The main contention of the petitioner before this Court is that the petitioner is suffering from severe agitated depression and major psychosis which is defined as a severe mental illness in which the sufferer loses contact with reality, thought processes may be altered. The major varieties are organic and functional; in the latter no physical cause has been demonstrated.