BENGALURU: The Karnataka High Court has refused to quash proceedings against the prime accused, former KPSC Chairman Dr. H N Krishna, who is facing charges of malpractice in the appointment of gazetted probationers in his tenure during 1998, 1999 and 2004. The court in its order on March 17 dismissed the criminal petition filed by Krishna seeking to dismiss the entire proceedings against him. The chargesheet framed against Krishna states that he conspired with accused No.2 to 8 to allow them to appear for their examinations by producing fake II-B caste certificates.
The accused Krishna who approached the High Court in August 2012, seeking to quash proceedings against him, argued through his advocate that there were no individual offences or chargesheet framed against him and the entire case against him depended upon the offence filed against accused 2 to 8, so on those grounds, the proceedings are said to have been quashed. He also argued that no sanction was obtained to prosecute him in the matter."First of all, when the petitions filed by accused No.2 to 8 have been quashed by this Court (High Court) in Criminal Petition No.4645 of 2012 and connected petitions wherein the offence alleged against the petitioners therein and the offence alleged against the petitioner (Krishna) in this petition is under Section 120-B of the Indian Penal Code since the proceedings initiated against the petitioners in those petitions have been quashed by this Court (High Court), the proceedings initiated against the petitioner (Krishna) herein is also required to be quashed," stated Krishna's petition.
The prosecution on the other hand made a strong case for the dismissal of his plea, while submitting that it was not appropriate for that Court (High Court) to evaluate the entire case of the petitioner (Krishna) under Section 482 of the Code of Criminal Procedure. If at all the petitioner had got a case including not obtaining sanction, it was for the Trial Court to go into and examine, at the stage of Trial.
