Allowed

Basavaraj S/O Shankrappa Akkivalli v. the State of Karnataka

Karnataka HC14 Oct 2022CRL.P/100057/2022

Case brief

AI extract

What is this about?

High Court at Dharwad Bench allowed a PIL seeking quashing of an FIR. The court held Sections 267 and 171(H) IPC were not applicable without evidence of Covid-19 spread. It also quashed the FIR for Section 171(H) IPC as it is non-cognizable and requires prior Magistrate permission under Section 155(2) Cr.P.C.

What did the court decide?

Impugned FIR in Crime No.184/2021 registered by Hanagal Police Station is hereby quashed.

Basavaraj S/O Shankrappa Akkivalli Vs the… — Public Procurement and Tenders | Karnataka HC (2022)

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CRL.P No. 100057 of 2022

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 14^TH DAY OF OCTOBER, 2022

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100057 OF 2022 (482-)

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BETWEEN:

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BASAVARAJ S/O SHANKRAPPA AKKIVALLI, AGE: 62 YEARS, OCC: ADVOCATE, HANGAL, DIST: HAVERI-58110.

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…PETITIONER

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(BY SRI. DINESH M KULKARNI, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA HANGAL POLICE STATION DIST. HAVERI-581104, REP. BY ITS SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA DHARWAD BENCH

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SUJATASUBHASHPAMMAR Digitally signedby SUJATASUBHASHPAMMARLocation: HIGHCOURT OFKARNATAKA,DHARWADBENCH,DHARWAD.Date: 2022.11.0312:08:16 +0530

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MANJAPPA S/O SIDDAPPA GUNDAPALLI AGE: 56 YEARS, OCC: HEAD MASTER GOVT.HIGH SCHOOL SHADAGUPPI TQ: HANGAL NOW AS FLYING SQUAD HANGAL ASSEMBLY BY-ELECTION R/O: VAIBHAV LAXMI PARK HAVERI, DIST: HAVERI, HANGAL, DIST: HAVERI-581104.

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…RESPONDENTS

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(BY SRI.V.S.KALASURMATH, HCGP OR R1; R2 NOTICE SERVED)

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THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO QUASH THE COMPLAINT DATED 17.10.2021

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CRL.P No. 100057 of 2022

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VIDE ANNEXURE-C AND FIR DATED 17.10.2021 VIDE ANNEXURE-D IN HANAGAL P.S. CRIME NO.184/2021 FILED AGAINST THE PETITIONER FOR THE OFFENCE PUNISHABLE U/S 269, 171(H) OF IPC AND SECTION 3 OF THE KARNATAKA OPEN PLACE (PREVENTION OF DISFIGUREMENT) ACT 1981 PENDING BEFORE THE PRINCIPAL CIVIL JUDGE (SR.DN) AND JMFC COURT HANGAL, AS NULL AND VOID.

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THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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A FIR was lodged by the respondent No.2 alleging

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that on 17.10.2021 between 12.00 noon to 3.00 A.M, the petitioner/accused gathering a crowed for the purpose of campaigning for the election, thus violating the instructions of Central Election Commission and standard operative procedure for Covid-19 and thereby committed the offences punishable under Sections 267, 171(H) of IPC and section 3 of the Karnataka Open Place (Prevention of Disfigurement) Act , 1981.

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Heard the learned counsel for the parties.

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Section 3 of the Act 1981 is not applicable to

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Hanagal City and therefore the impugned FIR filed for the

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CRL.P No. 100057 of 2022

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offences punishable under Section 3 of the Act is not permissible. To constitute the commission of offences punishable under Sections 267, 171(H) of IPC, there must be a material that in the said gathering at least one person was suffering from Covid-19 as a result of which there was possibility of infecting the remaining members of the gathering. In the absence of any material, the registration of FIR for the offences punishable under Sections 267, 171(H) of IPC is also without any substance.

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The offences punishable under Section 171(H)

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of IPC is non-cognizable offence and as such the police ought to have obtained prior permission from the learned Magistrate before registering the FIR. In the instant case, the Police without obtaining the prior permission from the learned Magistrate as specified under Section 155(2) Cr.P.C. have registered the FIR for the aforesaid offence and the same is one without authority of law. In view of the same, the continuation of the investigation against the petitioner will be an abuse of process of law. Accordingly, I proceed to pass the following:

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CRL.P No. 100057 of 2022

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ORDER

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The criminal petition is allowed.

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The impugned FIR in Crime No.184/2021 registered

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by Hanagal Police Station is hereby quashed.

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SD/JUDGE

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Basavaraj S/O Shankrappa Akkivalli v. the State of Karnataka

Case brief

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Basavaraj S/O Shankrappa Akkivalli v. the State of Karnataka

Case brief

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