Libertatem Magazine

Quashing of Proceeding : Yunus Zia V. State of Karnataka

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An appeal was filed against order passed by High Court declining to set aside criminal proceedings initiated against appellant by the respondents. The question that arose was: whether suo-moto complaint registered by 2nd respondent in Police Station of Lokayukta against appellant was without jurisdiction. It was held the second respondent, who is on deputation to the Lokayukta, is an Inspector of Police attached to the State of Karnataka and  has got every power under Section 2(d) of the CrPC, to act suo-moto and take cognizance of the offence/offences alleged to have been committed by the appellant on the basis of the reports published against him, which according to him warranted registration of an FIR and investigate the matter against him in accordance with law. There was no need for registration of FIR under Section 9 of Act, 1894 in relation to matters to be investigated under Section 8 of Act, 1894. The High Court rightly declined to exercise his inherent power to quash proceedings and 2nd respondent was directed to transmit FIR to Corps of Detectives (COD) for further investigation in matter to see justice is meted out in a fair manner.

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