D.B. RAVIKUMAR Vs. G.S. SURESH

JUDGEMENT

(1.) Leave granted. Our attention is drawn to the allegations made in First Information Report (FIR) No. 158/2021 dtd. 20/7/2021 registered with Police Station - Kanakapura Rural, Kanakapura Circle, District - Ramanagara, Karnataka, for the offence(s) punishable under Ss. 420, 468, 465 and 471 of the Indian Penal Code, 1860.

(2.) We have also examined the reasoning given by the High Court while quashing the aforesaid FIR.

(3.) In our opinion, the impugned judgment is unsustainable and should be set aside. The High Court could not have prematurely scuttled the entire investigation on the ground that the complainant/appellant, D.B. Ravikumar, sought to prosecute Respondent No. 1, G.S. Suresh, primarily because he held the position of Adhyaksha of the Grama Panchayat. This reasoning is untenable, particularly when the High Court itself acknowledged the presence of certain irregularities. Once the FIR is registered, the allegations made therein must be duly considered. Respondent no. 1, G.S. Suresh, is required to address these allegations during the course of the investigation. Therefore, as the FIR discloses the commission of an offence, the High Court ought not to have quashed it solely on the aforementioned ground.