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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
-4-
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.
-5-
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