The High Court of Karnataka quashed proceedings in FIR No. 10/2021 registered for offences under Sections 341 and 504 of IPC, holding the FIR lacked specific allegations and arose from political rivalry.
Proceedings pursuant to registration of FIR in Crime No.10/2021 against the petitioner are quashed.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF OCTOBER, 2021
BEFORE
THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL PETITION NO.572 OF 2021
BETWEEN:
Mr. Manjunatha K.R., Aged about 35 years, Advocate, R/at Peresandra Village, Mandikal Hobli, Chikkaballapura Taluk-561204.
…Petitioner
(By Sri Mohana Chandra P., Advocate)
AND:
…Respondents
(By Sri K.S.Abhijith, HCGP for R1;
R2 - served)
:: 2 ::
This Criminal Petition is filed under Section 482 of Cr.P.C., praying to quash the entire proceedings in CR.No.10/2021 of Gudibande Police Station, for the offence punishable under Section 341 and 504 of IPC pending on the file of Civil Judge and JMFC Gudibande.
This Criminal Petition coming on for admission this day, the Court made the following:
ORDER
Heard Sri P.Mohana Chandra, learned counsel for the petitioner and the learned High Court Government Pleader for respondent No.1-State. Respondent No.2 has been served with notice, but there is no representation on his behalf.
:: 3 ::
have been used against the MLA, namely,
S.N.Subbareddy. The petitioner herein came in a car, sounded the horn and then alighting from the car he went near the protestors and threatened them.
:: 4 ::
Pleader submits that statements of the witnesses discloses the petitioner using abusive words, it has to be stated that even though their statements are considered, it is not possible to make out the offences punishable under Sections 341 and 504 of IPC being constituted. Therefore prosecuting the petitioner in relation to said offences is nothing but abuse of process of Court. Hence the following:
ORDER
Petition is allowed.
Proceedings pursuant to registration of FIR in Crime No.10/2021 by the first respondent police against the petitioner for the offences punishable under Sections 341 and 504 of IPC are quashed.
Sd/JUDGE
Kmv/-
2 issues framed by the court
Whether the proceedings under Sections 341 and 504 of IPC be quashed on the facts of the case.
Whether the FIR discloses specific allegations to bring it within the ambit of the offences.
2 provisions across 2 enactments
Manjunatha K.R.
The State of Karnataka
Mr. Ramesha N.
SREENIVAS HARISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
