The Karnataka High Court on Friday quashed a criminal case registered against Union minister Pralhad Joshi’s brother, Gopal, and his nephew, Ajay, who were accused of cheating the wife of a former JD(S) MLA by allegedly promising a BJP ticket to her husband for the Bijapur Lok Sabha seat.
“The petition is allowed, crime stands quashed.
It is made clear that the observations made in the course of the order are only for the purpose of consideration of the case under Section 482 of the Criminal Procedure Code.
It would not bind any proceedings filed or pending between the same parties,” Justice M Nagaprasanna said while pronouncing the order.
A detailed copy of the order has yet to be made available.
Gopal, his son, and two others were arrested in 2024 following a complaint filed by Sunitha Chavan, wife of former JD(S) MLA Devanand Chavan.
She alleged that the accused cheated her out of Rs 2.5 crore by promising a BJP ticket to her husband for the Bijapur Lok Sabha constituency.
The accused were charged under sections 126(2) (wrongful restraint), 115(2) (voluntarily causing hurt) and 118(1) (voluntarily causing hurt or grievous hurt by dangerous weapons or means), 316(2), (criminal breach of trust), 318(4) (cheating), 61 (criminal conspiracy), and 3(5) (common intention) of the Bharatiya Nyaya Sanhita, 2023, and sections of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Subsequently, they approached the court seeking to quash the First Information Report (FIR) registered and also sought immediate release from custody.
The bench had, by way of an interim order, stayed further investigation in the case and directed their release.
Senior Advocate D R Ravishankar, appearing for the petitioner, had contended that the issue pertains to a purely financial transaction and no case is made out for the offence charged.
He had also submitted that the allegation, as per the complaint, pertained to incidents that took place between March and August 2024.
The complaint was filed on October 17, 2024, and the police arrested them the next day.
During the pendency of the petition, the accused paid part of the amount to the complainant on the directions of the court.
Additional Special Public Prosecutor B N Jagadeesha had informed the court that they had used the office of the Union minister when he was not in office, and they (accused) had called these people (complainant) to his chamber.
“He has acted as if the Union minister had given him consent and then he will secure the seat,” he added.
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Source: This article was originally published by The Indian Express
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