The High Court of Karnataka quashed criminal proceedings in C.C.No.324/2019 invoking Section 482 Cr.P.C. The court held that essential elements to constitute offences under Sections 353 and 341 IPC were absent and continuation would be an abuse of process.
Criminal Petition allowed and proceedings in C.C.No.324/2019 are quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 2609 OF 2021
BETWEEN:
SRI. PRADEEP ESHWAR, S/O. LATE ESHWAR, AGED ABOUT 35 YEARS, BENGALURU ATOMIC ACADEMY, MAKKALAKOOTA, CHAMRAJPETE, BANGALORE - 560 018.
…PETITIONER
(BY SRI. UDAY PRAKASH MULIYA, ADVOCATE FOR SRI. KAMALUDDIN, ADVOCATE)
AND:
Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka
…RESPONDENTS
(BY SRI. P. THEJESH, HCGP FOR R1; R2 - SERVED)
NC: 2023:KHC:28603 CRL.P No. 2609 of 2021
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO I. QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.324/2019 PENDING ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND C.J.M., CHIKKABALLAPURA FOR THE OFFENCE P/U/S 353,341 OF IPC (ANNEXURE-A).
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner-accused who is sought to be prosecuted for the offences punishable under Section 353, 341 of IPC is before this Court.
2. The police after conducting the investigation laid the charge sheet for the aforesaid offences. The case of the prosecution is that, the accused was sitting in protest infront of the police Station demanding to supply the CC TV footages, in respect of the quarrel that had taken place in the Town Municipality and though the complainant requested the petitioner not to protest on the road, the petitioner did not accede to his request, thus, caused inconvenience to the public to enter the police station. The cognizance taken of the aforesaid offences is impugned in this petition.
3. Heard learned counsel for the parties.
4. The only allegation is that, the petitioner has caused obstruction/inconvenience to the public to enter the police station. To constitute the offences punishable under Section 341 of IPC, a person must have wrongfully restrained any other person from proceeding further. To constitute the
offence punishable under Section 353 of IPC, a person must have assaulted or used criminal force to any person being a public servant in the execution of his duty as such public servant.
5. In the instant case, essential elements so as to constitute the commission of aforesaid offences are conspicuously absent. Hence, the continuation of criminal proceeding will be an abuse of process of law. Accordingly, I pass the following order:
ORDER
ii) The impugned proceedings in C.C.No.324/2019 on the file of Principal Senior Civil Judge and CJM, Chikkaballapur is hereby quashed.
Sd/JUDGE
KBM
List No.: 1 Sl No.: 69
1 issue framed by the court
Whether the criminal proceedings for offences under Sections 353 and 341 of IPC amount to an abuse of process of the court due to absence of essential elements.
3 provisions across 2 enactments
PRADEEP ESHWAR
STATE OF KARNATAKA
VARUN KUMAR M.R.
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
