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K J GEORGE IS “BACK IN CABINET” AFTER CID FILED “B” REPORT IN MADIKERI COURT IN GANAPATHI CASE AS “NO MATERIAL PROOF FOUND”

 
 
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K J GEORGE IS “BACK IN CABINET” AFTER CID FILED “B” REPORT IN MADIKERI COURT IN GANAPATHI CASE AS “NO MATERIAL PROOF FOUND”
by System Administrator - Monday, 26 September 2016, 1:00 PM
 

By: M.S.Yatnatti: Editor and Video Journalist Bengaluru: KJ George is back in the state cabinet after CID filed B report. Officials of the Criminal Investigation Department (CID), probing the alleged suicide case of DSP MK Ganapathi, submitted B Report, a report filed when there is insufficient material or scientific evidence. Madikeri court will hear the complainant before taking further action in the matter . In a TV interview Ganapathi gave hours before he was found hanging from a ceiling fan of a Madikeri hotel room, he said that former home minister KJ George, and senior IPS officers Pronab Mohanty and AM Prasad were to be held responsible in the eventuality of any untoward incident. The report will be filed before the Madikeri magistrate court, which had directed the police department to register an FIR against the trio after being approached by Ganapathi's family . The court had set September 19 as the deadline for submitting the inquiry report and CID filed B report within this date .Following the court's decision, George, who was then Bengaluru development minister, was asked to step down. Sources in the CID said that the officers had spoken to over 50 people, including Ganapathi's colleagues, friends, doctors and family members, before arriving at a final conclusion."We scanned office files, diary and documents belonging to Ganapathi. We were unable to find any evidence in either the documents or the statements, to substantiate allegations made by Ganapathi in his interview," sources said. George, Mohanty and Prasad had protested their innocence, adding that they had no idea as to why Ganapathi had named them.Mohanty had stated that Ganapthi had never directly reported to him. "I was the additional commissioner of police when Ganapathi was inspector in Rajagopalnagar, north Bengaluru. The area came under the jurisdiction of my counterpart. I had cleared Ganapathi's promotion from inspector to DSP, by clarifying that there was no pending enquiry against him," his statement read. Prasad had also pointed out that Ganapathi never worked under him. "I never spoke to him, barring a few interactions at meetings," Prasad had said. `Didn't transfer him'.However, George's statement was different in its tone from those of the two IPS officers. "Ganapathi claimed I had harassed him during a communal violence-related incident in 2008, which is false. I never transferred nor ordered a departmental enquiry against him. After his suicide, I came to know that there were a few allegations against him," George said.

Madikeri court does if does not accept CID B report the Case will continue and in such scenario accused have right to file the petition under section 482 of the Cr.P.C before high court for quashing the FIR .The FIR sets Criminal law into motion. The F,I.R should disclose the offence complained of .if no offence is made out ,it is liable to be quashed under section 482 of the Cr.P.C .A frivolous complaint may be made harass or coerce innocent citizen for bringing about a settlement in political war or for extortion of money or for getting better deal in other matter or for taking revenge upon opponent .The law cannot be abused or aid of law cannot be taken for committing an illegal act with sinister motive .In such situation ,the said abuse of process of law can be quashed by resorting to the legal provision under Section 482 ofCr.P.C. Nothing in this code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this code or to prevent abuse of the process of any court or to secure the ends of justice. The wings of an illegal Criminal proceedings can be clipped with the aid of Section 482 of Cr.P.C. This section is of immense help to the defense as the harassment by prosecution can be terminated at the very inception itself, rather than going through grueling experience of attending the court on all dates of hearing adducing evidence to disprove the allegation .There by valuable time money and reputation can be saved.