Lawstreet Journal

Filing common charge-sheet in case of same accused impermissible: Karnataka High Court

Lawstreet Journal 29 Jun 2021 9:26pm

Image courtesy: Lawstreet Journal Judiciary Filing common charge-sheet in case of same accused impermissible: Karnataka High Court

The Karnataka High Court has said that filing of a common charge-sheet for complaints filed by the individual investors against the same accused in different police stations is against the law and filing amalgamated charge-sheet is impermissible under the Criminal Procedure Code (CrPC).

A Single Bench of Karnataka High Court comprising Justice K Natarajan held that State CID police have no power to file a common charge for several complaints but the investigation officer has to file a separate charge sheet for each crime enrolled by police on individual complain thereafter the special court shall take cognizance of the offenses both punishable under IPC (Indian Penal Code) and therefore the Special Act by following the CrPC and dispose of the matter as per the law.

Background

Green buds Agro Farms Ltd. (accused no. 1) alongside its Managing Directors and Directors (accused Nos. 2 to 5) were alleged to have cheated the public of up to Rs. 12,95,13,433/- via investments from it.

The individual's investors registered a complaint in several Police Stations in Mysuru District. The State Government also appointed a jurisdictional Assistant Commissioner as Competent Authority for taking proper action against the accused under section 5 of the Karnataka Protection of Interest of Depositors in Financial Establishments Act, 2004 (Act). Therefore, an examination was conducted and a common charge sheet was filed by the Police Inspector Financial and Vigilance Unit, CID, before the trial court.

The Trial Court rejected the charge sheet by stating that the police officer is not… Continue Reading...


Tagged: Karnataka high court  
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