<p>In a relief to former minister K J Geroge and two IPS officers, the Karnataka High Court on Wednesday quashed the proceedings initiated by the special court, set up for cases against the elected representatives in the case of abetting Deputy Superintendent of Police (DySP) M K Ganapathy to commit suicide.</p>.<p>The special court had rejected the B report (closure report) filed by the Central Bureau of Investigation (CBI) and summoned K J George and IPS officers Pronab Mohanty and Ashit Mohan Prasad to face the trial.</p>.<p>The former minister and the IPS officers had challenged the order of the special court before the High Court. They claimed that the CBI had filed the closure report with a finding that DySP Ganapathy was having a troubled personal life and was undergoing severe stress and mental agony. The petitioners also contended that the special court has taken cognizance against the IPS officers without a prior sanction prescribed under the CrPC and Karnataka Police Act.</p>.<p>Justice John Michael Cunha, while quashing the order of the special court, observed: “The evidence collected by the investigating agency, even if accepted in its entirety, does not disclose men's rea or instigation or conspiracy by the petitioners making out the ingredients of the offence under section 306 r/w 34 of IPC. In the absence of any material to make out the ingredients of the above offence, there was absolutely no reason or justification for the Special Court to reject the well-founded report filed by CBI and to take cognizance of the alleged offence and issue summons to the petitioners” the court said.</p>.<p>Ganapathy had spoken about the harassment meted out to him by the then Home minister George and two IPS officers in an interview with a local TV channel at Madikeri before taking the extreme step.</p>.<p>The CBI had collected 42 documents and examined 108 witnesses to come to a conclusion that none of the allegations made by Ganapathy was the reason for him to commit suicide. The CBI report also stated that there was no departmental enquiry pending against Ganapathy as on the date of his death.</p>.<p>Ganapathy, who was the then DySP in Mangaluru, had committed suicide on July 7, 2016, by hanging himself in a room at a lodge in Madikeri town. The B closure report was filed on October 30, 2019. The special court had rejected the B report in August 2020.</p>
<p>In a relief to former minister K J Geroge and two IPS officers, the Karnataka High Court on Wednesday quashed the proceedings initiated by the special court, set up for cases against the elected representatives in the case of abetting Deputy Superintendent of Police (DySP) M K Ganapathy to commit suicide.</p>.<p>The special court had rejected the B report (closure report) filed by the Central Bureau of Investigation (CBI) and summoned K J George and IPS officers Pronab Mohanty and Ashit Mohan Prasad to face the trial.</p>.<p>The former minister and the IPS officers had challenged the order of the special court before the High Court. They claimed that the CBI had filed the closure report with a finding that DySP Ganapathy was having a troubled personal life and was undergoing severe stress and mental agony. The petitioners also contended that the special court has taken cognizance against the IPS officers without a prior sanction prescribed under the CrPC and Karnataka Police Act.</p>.<p>Justice John Michael Cunha, while quashing the order of the special court, observed: “The evidence collected by the investigating agency, even if accepted in its entirety, does not disclose men's rea or instigation or conspiracy by the petitioners making out the ingredients of the offence under section 306 r/w 34 of IPC. In the absence of any material to make out the ingredients of the above offence, there was absolutely no reason or justification for the Special Court to reject the well-founded report filed by CBI and to take cognizance of the alleged offence and issue summons to the petitioners” the court said.</p>.<p>Ganapathy had spoken about the harassment meted out to him by the then Home minister George and two IPS officers in an interview with a local TV channel at Madikeri before taking the extreme step.</p>.<p>The CBI had collected 42 documents and examined 108 witnesses to come to a conclusion that none of the allegations made by Ganapathy was the reason for him to commit suicide. The CBI report also stated that there was no departmental enquiry pending against Ganapathy as on the date of his death.</p>.<p>Ganapathy, who was the then DySP in Mangaluru, had committed suicide on July 7, 2016, by hanging himself in a room at a lodge in Madikeri town. The B closure report was filed on October 30, 2019. The special court had rejected the B report in August 2020.</p>
