Karnataka HC strikes down rape case against head of Ramachandrapura Math, cites FIR delay and cognisance issues

The opposing counsel argued that delay should not be a vitiating factor in this case as the pontiff was the main accused. It was further submitted that the petition should be independently looked into rather than considered along the same lines as another accused.

A bench of Justice M Nagaprasanna, in the order passed on March 7 and made available recently, observed that as per the Supreme Court precedent, the delay would be an issue of vitiation, especially considering the length of time involved. It held that the Crime Investigation Department (CID) was not empowered to file the chargesheet in this case as the Code of Criminal Procedure (CrPC) required the “officer in-charge of the police station” to file the chargesheet.

About cognisance of the offence taken by a lower court, the high court observed that it had been done with insufficient application of mind.

“What would unmistakably emerge is that the order of taking of cognizance and issuance of process should bear application of mind. If the order issuing process to the petitioner is seen, it does not even bear a semblance of application of mind, let alone it taking cognizance for offences …… The cognizance taken for the offences against the petitioner is on bereft of reasons,” the court noted.

Having made these observations, the high court quashed the existing proceedings. Previously in 2021, too, it had quashed a rape case against the pontiff, as there were issues with the filing of the chargesheet.