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2015 (11) TMI 1889 - KARNATAKA HIGH COURTSeeking impunity from prosecution - public servants within the meaning of Section 197 of Cr.P.C - can be removed without the orders of the Hon'ble President of India or not - HELD THAT;- The complainant is a dismissed employee of BEML. The Division Bench of this Court headed by the then Hon'ble Chief Justice, while dismissing the writ petition filed against BEML of which complainant had represented the petitioners as his counsel observed that litigation is purely pursued out of personal motives. The Apex Court in State of Haryana and Others v. Bhajan Lal and Others [1990 (11) TMI 386 - SUPREME COURT], listed 7 categories of cases by way of illustrations wherein power of the High Court under Article 226 of Constitution of India/482 of Cr.P.C. can be exercised either to prevent abuse of process of the Court or otherwise to secure the ends of justice - The case on hand fits in both 1st category and also 7th category in not making out prima facie even after accepting the facts alleged in its entirety and also for being malicious prosecution with personal motive. Even if the petitioners have violated the provisions under Section 205 of the Act of 1956 then also offence under Section 447 of the Act of 2013, cannot be brought home for the sole reason, that fraud is not to be seen from the alleged act. The learned Magistrate while taking cognizance of the matter except epitomizing the complaint averments has not given independent application of his mind. As per Maksud Saiyed [2007 (9) TMI 400 - SUPREME COURT], the Magistrate has to carefully scrutinize the evidence brought on record and may even himself put questions to the complainant and his witnesses to elicit answers to find out the truthfulness of the allegations or otherwise and then examine if any offence is prima facie committed by all or any of the accused. Thus, it is fairly well settled that this Court under the extraordinary jurisdiction under Section 482 of Cr.P.C. quashing on going investigations/complaint or other proceedings to prevent abuse of process of law - petition allowed.
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