Sri. K. J. George vs State Of Karnataka on 16 February, 2024

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Karnataka High Court

Sri. K. J. George vs State Of Karnataka on 16 February, 2024

Author: Krishna S Dixit

Bench: Krishna S Dixit

                                               -1-
                                                            NC: 2024:KHC:6642
                                                          WP No. 409 of 2024




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                          DATED THIS THE 16TH DAY OF FEBRUARY, 2024
                                             BEFORE
                           THE HON'BLE MR JUSTICE KRISHNA S DIXIT
                           WRIT PETITION NO. 409 OF 2024 (GM-RES)
                   BETWEEN:
                   1.    SRI. K.J.GEORGE
                         S/O. K.C.GEORGE, AGED ABOUT 76 YEARS,
                         MINISTER OF ENERGY
                         MEMBER OF KARNATAKA LEGISLATIVE ASSEMBLY
                         SARVAGNANAGAR CONSTITUENCY,
                         R/O. NO.632, 7TH FLOOR, ST. ANDREWS BUILDING,
                         EGLBP CAMPUS, OFF OF KORAMANGALA,
                         INTERMEDIATE RING ROAD,
                         BENGALURU - 560 075
                         AND ALSO OFFICE AT HQX+GF9,
                         QUEENS ROAD, GOVINDA CHETTY COLONY,
                         SHIVAJI NAGAR, BENGALURU,
                         KARNATAKA - 560 051.

                   2.    SRI. RIZWAN ARSHAD S/O. R.Q. ARSHAD,
                         AGED ABOUT 43 YEARS,
Digitally signed
by SHARADA               MEMBER OF THE KARNATAKA LEGISLATIVE
VANI B                   ASSEMBLY, SHIVAJINAGAR CONSTITUENCY,
Location: HIGH
COURT OF                 NEAR G-2 NO.24, 4TH STREET,
KARNATAKA                BENSON TOWN, BENGALURU,
                         KARNATAKA - 560 046.

                   3.    SRI. SALEEM AHMED S/O. AZEEZ AHMED,
                         AGED ABOUT 56 YEARS,
                         MEMBER OF KARNATAKA LEGISLATIVE COUNCIL,
                         ASHIANA, NO.1375, 12TH CROSS, 2ND STAGE,
                         WEST OF CORD ROAD, BANGALORE - 560 086,
                         AND ALSO OFFICE AT HQX+GF9,
                         QUEENS ROAD, GOVINDA CHETTY COLONY,
                           -2-
                                       NC: 2024:KHC:6642
                                     WP No. 409 of 2024




     SHIVAJI NAGAR, BENGALURU,
     KARNATAKA - 560 051.
                                          ...PETITIONERS
(BY SMT. LATHA S SHETTY, ADVOCATE)
AND:
1.   STATE OF KARNATAKA,
     THROUGH SHIVAJINAGAR POLICE STATION,
     REP. BY ITS POLICE SUB INSPECTOR,
     SHIVAJINAGAR POLICE STATION,
     BANGALORE - 560 051,
     HIGH COURT OF KARNATAKA,
     ANNEXURE BUILDING,
     DR. AMBEDKAR VEEDHI ROAD,
     BANGALORE - 560 001.
2.   SRI. SHARAT BABU.R.,
     POLICE SUB INSPECTOR,
     SHIVAJINAGAR POLICE STATION,
     KARNATAKA - 560 051.
                                         ...RESPONDENTS
(BY SRI. B.N. JAGADEESH, ADDITIONAL SPP FOR R1)
     THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
PRIVATE COMPLAINT FILED BY THE R-2 FOR THE OFFENSES
PUNISHABLE UNDER SECTION 188 OF THE INDIAN PENAL
CODE 1860 AND SECTION 31 R/W SECTION 103 OF THE
KARNATAKA POLICE ACT 1963 PENDING ON THE FILE OF THE
29TH    ADDL     CHIEF   METROPOLITAN     MAGISTRATE
TRANSFERRED IN THE 42 ND ADDL (SPL COURT TRIAL CASES
FILED AGAINST SITTING AS WELL AS FORMER MPS AND MLA
TRIABLE BY MAGISTRATE IN THE STATE OF KARNATAKA ) IN
SO FAR PETITIONER CONCERNED (ANNX-A) AND ETC.

     THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
                                  -3-
                                                  NC: 2024:KHC:6642
                                                 WP No. 409 of 2024




                             ORDER

Heard the learned counsel appearing for the

petitioners and learned Addl. SPP for respondent No.1.

The petitioners/accused Nos.4, 5 & 11 are charged for the

offence punishable under Section 188 of Indian Penal Code

and Sections 31 read with 103 of Karnataka Police Act,

1963. The allegation is holding of a protest during the

period, in which, the Standard Operating Procedure (for

short hereinafter referred to as ‘SOP’) of Covid-19 was in

operation.

2. Learned counsel for the petitioners would

contend that for an offence to become punishable under

Section 188 IPC, the lawful orders of Deputy

Commissioner/District Magistrate/Taluka Magistrate should

have been violated. The violation here is of other orders of

State. Be that submission as it may.

3. What merits consideration, at this juncture is

the lavish manner, in which the cognizance is taken of the

offence and summons are issued to the accused. The
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NC: 2024:KHC:6642
WP No. 409 of 2024

Court records the filing of complaint and issues summons

to accused Nos.1 to 13 through the jurisdictional police.

The order of the Court below reads as under:

“Office to Register this case in CC Register
and issue notice to the complainant and issue
summons to the accused No.1 to 13, through
jurisdictional Police Station Rtb.by
26.08.2022.”

This order on the face of it, does not reflect any

application of mind.

4. The Hon’ble Apex Court in the case of PEPSI

FOODS LTD., VS. SPECIAL JUDICIAL MAGISTRATE –

(1988) 5 SCC 749 and in the case of FAKHRUDDIN

AHMAD VS. STATE OF UTTARPRADESH AND

ANOTHER – (2008) 17 SCC 157 has delineated the

issue of learned Magistrate requiring to apply the mind

while issuing summons on taking cognizance of the

offences. In the light of this decision and the order taking

cognizance as quoted hereinabove, permitting further

proceedings would be an abuse of the process of law.
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NC: 2024:KHC:6642
WP No. 409 of 2024

For the aforesaid reasons, the petition is allowed. The

proceedings in C.C.No.25317/2022 pending on the file of

42nd ACMM, Bengaluru for the offences punishable under

Section 188 of IPC and Section 31 r/w Section 103 of the

Karnataka Police Act, 1963 stands quashed qua the

petitioners.

Sd/-

JUDGE

SMJ
List No.: 1 Sl No.: 10

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