2017 (8) TMI 1587

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....55 of 2015 1. Leave granted. The High Court of Karnataka by its order dated 19.06.2014 interdicted the investigation of a criminal proceeding and after a lapse of almost eleven months i.e. on 22.05.2015 made available its reasons for the impugned conclusions. The correctness of the said view has been assailed before us in the present appeal. 2. We have heard the learned Counsels for the parties. 3. A perusal of the order of the High Court released on 21.05.2015 would indicate that the High Court has gone far beyond the contours of its power and jurisdiction Under Section 482 Code of Criminal Procedure to quash a criminal proceeding, the extent of such jurisdiction having been dealt with by this Court in numerous pronouncements over....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ot agree with what has been very forcefully argued on behalf of the Respondent-accused. 7. On a consideration of the statements of the persons examined in the course of investigation, referred to above, as well as the statements of other such persons examined, findings were recorded by the Enquiry Officer in his report submitted to the High Court which, inter alia, is to the following effect: On 2.3.2013, a complaint was lodged with Nazarbad PS of Mysore City by Eward Joubert Vaningen wherein he was accompanied by Tilly Gifford, Ajit Lobo and Marina Meyn. The then PI, Nazarbad police station Mr. Mohan did not act on the complaint immediately and the same complaint was considered only on 11.3.2013 at 18.45 hours wherein a crimina....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rounding the lodging of the F.I.R. and was not a step in the investigative process which, in any case, has been interdicted by the High Court by the impugned order, we do not consider it prudent to come to one conclusion or the other with regard to the said findings. However the findings of the inquiry would clearly indicate that a large volume of material facts surrounding the lodging of the F.I.R. and its authenticity needs to be investigated and the truth unravelled. But this is what has been interdicted by the High Court. In the above situation, we find ourselves unable to agree with the view taken by the High Court. On the contrary, we are of the opinion that the F.I.R. in question should be fully investigated in accordance with law an....