<p>Bengaluru: The <a href="https://www.deccanherald.com/tags/karnataka-high-court">Karnataka High Court </a>has quashed the proceedings in a rape and criminal intimidation case registered in 2015 against Raghaveshwara Bharathi Swamiji of Shree Samsthana Gokarna Shree Ramachandrapura Math, Hosanagar, Shivamogga district.</p><p>“The complaint alleges certain offences against several persons. Insofar as the present petitioner is concerned, it begins and stops in 2006. The allegation is in the year 2006 that the Pontiff used to touch her inappropriately and make her sit on his lap and she got married in 2009 to accused No.2. The story between the husband and the wife would begin later. Vague references are made to the act of the petitioner. Therefore, it is a case where the incident of 2006 or even 2009 is sought to be complained of by registering a complaint on August 29, 2015, 9 or 6 years thereafter,” Justice M Nagaprasanna observed while allowing the petition filed by the pontiff.</p>.Karnataka High Court allows ED to continue probe in MUDA case.<p>The pontiff had challenged the complaint registered by the Girinagar police and the chargesheet filed by the CID. It was submitted that the complaint was registered 9 years after the alleged incident and the same is not even explained. It was further submitted that at the time of conducting investigation and filing the chargesheet, the CID was not notified as a police station. On the other hand, the police and CID argued that delay would not vitiate proceedings.</p><p>“The cognizance taken for the offences against the petitioner is on bereft of reasons. Therefore, on all the aforesaid counts viz., Delay of 9 years in registering the FIR for offences punishable under Section 376 of the IPC; Cognizance being taken on a final report filed by the policemen who was admittedly not the officer in-charge of the police station, as CID had not yet been declared to be a police station under Section 2(s) of the CrPC. The notification declaring CID to be a police station emerged only on January 12, 2024. The order of cognizance and issuance of process does not bear even a semblance of application of mind and thus would stand vitiated on account of the elucidation of the Supreme Court,” Justice Nagaprasanna said.</p><p>The court further said, “The entire proceeding against the petitioner stands vitiated. Permitting further trial, in the case at hand, would undoubtedly become an abuse of the process of the law and result in miscarriage of justice. I therefore, deem it appropriate to exercise my jurisdiction under Section 482 of the CrPC and take off the Damocles sword, hanging on the head of the petitioner.”</p>
<p>Bengaluru: The <a href="https://www.deccanherald.com/tags/karnataka-high-court">Karnataka High Court </a>has quashed the proceedings in a rape and criminal intimidation case registered in 2015 against Raghaveshwara Bharathi Swamiji of Shree Samsthana Gokarna Shree Ramachandrapura Math, Hosanagar, Shivamogga district.</p><p>“The complaint alleges certain offences against several persons. Insofar as the present petitioner is concerned, it begins and stops in 2006. The allegation is in the year 2006 that the Pontiff used to touch her inappropriately and make her sit on his lap and she got married in 2009 to accused No.2. The story between the husband and the wife would begin later. Vague references are made to the act of the petitioner. Therefore, it is a case where the incident of 2006 or even 2009 is sought to be complained of by registering a complaint on August 29, 2015, 9 or 6 years thereafter,” Justice M Nagaprasanna observed while allowing the petition filed by the pontiff.</p>.Karnataka High Court allows ED to continue probe in MUDA case.<p>The pontiff had challenged the complaint registered by the Girinagar police and the chargesheet filed by the CID. It was submitted that the complaint was registered 9 years after the alleged incident and the same is not even explained. It was further submitted that at the time of conducting investigation and filing the chargesheet, the CID was not notified as a police station. On the other hand, the police and CID argued that delay would not vitiate proceedings.</p><p>“The cognizance taken for the offences against the petitioner is on bereft of reasons. Therefore, on all the aforesaid counts viz., Delay of 9 years in registering the FIR for offences punishable under Section 376 of the IPC; Cognizance being taken on a final report filed by the policemen who was admittedly not the officer in-charge of the police station, as CID had not yet been declared to be a police station under Section 2(s) of the CrPC. The notification declaring CID to be a police station emerged only on January 12, 2024. The order of cognizance and issuance of process does not bear even a semblance of application of mind and thus would stand vitiated on account of the elucidation of the Supreme Court,” Justice Nagaprasanna said.</p><p>The court further said, “The entire proceeding against the petitioner stands vitiated. Permitting further trial, in the case at hand, would undoubtedly become an abuse of the process of the law and result in miscarriage of justice. I therefore, deem it appropriate to exercise my jurisdiction under Section 482 of the CrPC and take off the Damocles sword, hanging on the head of the petitioner.”</p>