LI Network
Published on: November 23, 2023 at 10:21 IST
The Karnataka High Court denied the petition filed by advocate Palaksha S S to quash a cheating case. The advocate faced allegations of withholding information about previous criminal cases when applying for the position of District Judge.
Justice M Nagaprasanna, presiding over the single-judge bench, dismissed the plea, stating that prima facie evidence indicated the petitioner’s guilt in concealing nine cases just before the High Court’s notification.
In 2019, the High Court of Karnataka issued a notification inviting applications for District Judge positions. The petitioner, Palaksha S S, applied, underwent examinations, and ultimately appeared in the final list of selected candidates in August 2020.
Following an anonymous complaint after the list’s publication, the High Court issued a show-cause notice to the petitioner. Despite explanations submitted on October 28, 2020, and November 18, 2020, the Selection Committee terminated the petitioner’s candidature, initiating criminal proceedings for furnishing false information.
The petitioner’s defense asserted that although there were criminal cases against him, none were pending at the time of the notification and committee appearance. The advocate argued that he misinterpreted the application condition regarding pending cases, assuming it only required disclosure if cases were ongoing.
The Joint Registrar of the High Court opposed the plea, alleging dishonest inducement by the petitioner throughout the selection process. The court noted that the show-cause notice detailed nine cases involving the petitioner.
Despite the petitioner’s claim of inadvertence, the court found deliberate suppression of pending cases, deeming it an attempt to secure employment through misrepresentation.
Emphasizing the advocate’s 13-year experience, the court held that he could not feign ignorance and dismissed the plea, refusing to quash the criminal proceedings.
Case Title: Palaksha S S AND The State By Vidhana Souda Police Station and Another.
