"High Court Rejects Quashing Plea in Disproportionate Assets Case, Emphasizes Timely Investigation"

In a recent judgment, the Karnataka High Court dismissed a petition seeking the quashing of FIR in a disproportionate assets case, highlighting the importance of timely investigations. The case involved Dr. Kallappa, a former university professor, who had been under investigation for alleged misconduct under the Prevention of Corruption Act.

Justice M. Nagaprasanna, presiding over the case, observed, "The delay has occasioned due to the petitioner not divulging numerous accounts held by him. Unearthing of those accounts by the prosecution is one of the reasons for delay." The court noted that such delays can lead to a lackadaisical attitude on the part of the prosecution and adversely affect the rights of the accused.

Dr. Kallappa's petition argued that the pending criminal proceedings were preventing him from applying for the post of Vice-Chancellor, and therefore, the proceedings should be quashed. However, the court rejected this plea, emphasizing that the delay was, in part, due to the petitioner's failure to disclose all relevant information.

The judge stated, "The petitioner is required to set his house in order by directing completion of investigation within a time frame, failing which the Damocles sword of prosecution will always be hanging on the head of the public servant."

The High Court ordered the Lokayukta, the anti-corruption ombudsman in Karnataka, to file its final report within two months from the date of the court's order. It warned

Date of Decision:   August 10, 2023

KALLAPPA vs THE DEPUTY SUPERINTENDENT OF POLICE