MALLIKARJUNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court seeking for quashing the complaint dated 19.12.2016 registered in Crime No.323/2016 for the offences punishable under Sections 423, 466, 409, 149, 420, 419, 473, 467, 471, 465 and 468 of IPC pending on the file of the Civil Judge and JMFC Court, Belur and to quash the order dated 28.03.2018 in C.C.No.116/2018 for the offences punishable under Sections 423, 466, 409, 420, 465, 467, 468, 471 read with 34 of IPC and also to quash the entire charge sheet in C.C.No.116/2018 pending on the file of the Civil Judge and JMFC, Belur.

(2.) A complaint came to be filed on 19.12.2016 by one Mr. Shadakshri alleging that the petitioner had wrongfully made entries in the Registry of Death and issued a Death Certificate as regards a person who was not even residing in a village over which the petitioner had a jurisdiction. In view thereof, the above offences being complained of, the investigating officer sought for sanction of prosecution of the petitioner. Since the petitioner is a public servant and the offence complained of is stated to have been committed by the petitioner during the course of his discharge of his public functions. The said request has been rejected after obtaining legal advice and no sanction has been accorded for the purpose of prosecution of the petitioner.

(3.) In view thereof, Sri. K.B.Monesh Kumar, learned counsel appearing for the petitioner would submit that without a sanction for prosecution against the petitioner, the proceedings cannot continue, more so, when the said permission for sanction has been categorically refused.