The High Court of Karnataka has set aside criminal proceedings initiated against the executives of Kempegowda Institute of Medical Sciences (KIMS) in a cheating case, by holding that the officer of Central Crime Branch (CCB), who filed the chargesheet, was not authorised to submit the final report as per provisions of the Code of Criminal Procedure (Cr.PC).
“When the CCB is not a police station then admittedly the final report filed by the CCB, which is an investigating agency, is not in contemplation with the provisions of Section 173(2) of the Cr.PC,” the High Court held. The High Court set aside the cognisance of offences taken by the magistrate court in 2017 based on a chargesheet filed by the CCB.
Justice B.A. Patil (now retired) passed the order on January 18 while allowing the petitions filed by M.G. Gopal , the then Principal and Dean of KIMS, Appaji Gowda, the then president of Rajya Vokkaligara Sangha, which manages KIMS, and Nisarga, then Chairman, Governing Council, KIMS.
The case was registered against them in 2016 based on a complaint filed by K.R. Choudary alleging that his son was denied a seat in MBBS course during 2014-15 despite collecting money.
