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Sri Nischay Nirmal v. State by Jeevanbhimanagar Police

Karnataka HC5 Nov 2020CRL.P/2946/2020

Case brief

AI extract

What is this about?

Criminal Petition filed under Section 482 Cr.P.C. to quash proceedings in Crime No.1/2020. Court held that incident occurred during midnight celebrations, petitioner abused police without knowing their identity, and no mens rea existed, quashing the case.

What did the court decide?

Proceedings in Crime No.1/2020 on the file of X Addl. Chief Metropolitan Magistrate, Mayo Hall, Bengaluru are hereby quashed.

Sri Nischay Nirmal Vs State by… — Constitutional and Fundamental Rights | Karnataka HC (2020)

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CRL.P.No.2946 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF NOVEMBER, 2020

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BEFORE

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THE HON’BLE MR. JUSTICE SURAJ GOVINDARAJ

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CRIMINAL PETITION NO.2946 OF 2020

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BETWEEN:

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SRI NISCHAY NIRMAL, S/O SRI BIMAL KUMAR MUKHERJEE, AGED ABOUT 25 YEARS, NO.301, 27/5, 1^ST CROSS, 1^ST MAIN ROAD, TAVAREKERE, BANGALORE – 560 029.

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PERMANENT ADDRESS:FLAT NO.6089, SECTOR r/D, BOKARO STEEL CITY, BOKARO SECTOR IV, JARKHAND – 827 004.

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... PETITIONER

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(BY SRI SHASHIDHARA H.N., ADVOCATE)

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AND:

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STATE BY JEEVANBHIMANAGAR POLICE, BENGALURU – 560 075. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE – 560 001.

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... RESPONDENT

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(BY SRI K. NAGESHWARAPPA, HCGP)

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CRL.P.No.2946 of 2020

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE PROCEEDINGS IN CR.NO.1/2020 ON THE FILE OF X ADDL. C.M.M., MAYO HALL, BENGALURU.

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THIS PETITION COMING ON FOR ADMISSION, THROUGH VIDEO CONFERENCE, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner is before this Court seeking for quashing of the proceedings in Crime No.1/2020 on the file of the X Additional Civil Judge, Bengaluru.

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The case of the prosecution is that the petitioner in the midnight of 31.12.2019 was walking on the 100 feet Road, Indira Nagar at around 0500 hours shouting to himself in English Language. It is at that time respondent-police interceded and enquired from the petitioner as to what had happened, at that time the petitioner is stated to have abused the respondent-police which resulted in an altercation.

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Sri Shashidhar H.N., learned counsel for the petitioner would submit that when the petitioner was going by himself on the said road the police have interceded and

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CRL.P.No.2946 of 2020

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there was no intention on the part of the petitioner to have any altercation with the respondent-police. It is only on account of respondent-police interceding as also the members of the general Public interceding then the incident occurred. The petitioner being a recent graduate has a long life ahead of him, therefore continuation of this proceedings would have an impact on his future life. On these grounds he seeks for quashing of the proceedings.

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The incident occurred on 31.12.2018 in the midnight while new year celebrations were going on. The petitioner is stated to have abused the respondent-police without knowing that they are police officers. Taking into consideration the age of the petitioner and there being no intention or mens rea when the incident occurred, the proceedings in Crime No.1/2020 on the file of the X Addl. Chief Metropolitan Magistrate, Mayo Hall, Bengaluru is hereby quashed.

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Sd/-

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JUDGE

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SBS*

Sri Nischay Nirmal v. State by Jeevanbhimanagar Police

Case brief

What is this about?

What did the court decide?

Sri Nischay Nirmal v. State by Jeevanbhimanagar Police

Case brief

What is this about?

What did the court decide?

What the court decided

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