The Criminal Petroleum Court allowed the petition to quash the FIR and consequent proceedings under Section 177 IPC because the police lacked authority to register an FIR for this offence without a written complaint by a public servant.
The criminal petition was allowed and the impugned proceedings in Crime No. 68/2018 were 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.
CRL.P No. 5752 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO.5752 OF 2018
BETWEEN:
SRINIVASAN K S/O THIMMARAYAPPA K AGED ABOUT 57 YEARS OCC: GRADE-I, STC STC TRADE CENTRE, NO.7/A, NANDINI LAYOUT, BANGALORE - 560096. (BY SRI. R.B. DESHPANDE, ADVOCATE)
…PETITIONER
AND:
Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
CRL.P No. 5752 of 2018
(BY SRI VINAYAKA V.S., HCGP FOR R1/STATE; SRI KARAN JOSEPH & ANISH JOHN, ADVOCATES FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE FIR/COMPLAINT REGISTERED AGAINST THE PETITIONER IN CRIME NO.68/2018 OF BANGALORE INTERNATIONAL AIRPORT LIMITED POLICE STATION, DEVANAHALLI SUBDIVISION, BANGALORE CITY AND ITS CONSEQUENT PROCEEDINGS PENDING ON THE FILE OF CJ AND JMFC, DEVANAHALLI.
THIS PETITION, COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
A FIR was registered for the offence under Section 177 of
IPC alleging that petitioner has given false information to the security personnel at the Airport that Rajeev Chopra and Reethu Arora were carrying red sandal wood unauthorisedly. The registration of FIR is impugned in this petition.
CRL.P No. 5752 of 2018
offence under Section 177 of IPC is one without authority of law.
CRL.P No. 5752 of 2018
stands vitiated. Hence, the continuation of investigation will be
an abuse of process of law. Accordingly, I pass the following:
ORDER
i) Criminal petition is allowed.
ii) The impugned proceedings in Crime No.68/2018
pending on the file of the Bangalore International Airport Limited Police Station, Devanahalli Sub-Division, Bangalore City is hereby quashed.
Sd/JUDGE
List No.: 1 Sl No.: 77
BKM
2 issues framed by the court
Whether the Magistrate can take cognizance of an offence under Section 177 IPC on a final police report under Section 173 Cr.P.C. instead of a complaint.
Whether the registration of the FIR for the offence under Section 177 IPC was without authority of law.
4 provisions across 2 enactments
Srinivasan K S/o Thimmarayappa K
The State of Karnataka
Arvind Kumar Kadyan
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
