Criminal Petition filed under Section 482 Cr.P.C. to quash criminal case and FIR instituted for alleged compulsion to undergo COVID-19 testing and vaccination. Court found no substance as no act causing death was established.
Criminal case C.C.No.31800/2022 and the order of registration dated 30.09.2022 vanquished.
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 1ST DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 929 OF 2023
BETWEEN:
SON OF MR. SHIVANNA AGED ABOUT 53 YEARS RESIDING AT NO. 1703 17TH FLOOR, 1ST ‘B’ BLOCK MANTRI SERENITY OFF KANAKAPURA MAIN ROAD BENGALURU - 560 062. ALSO AT HEAD – H.R. M/S MOOG CONTROLS INDIA PVT. LTD., NO. 99P AND 100P, KIADB INDUSTRIAL AREA ELECTRONIC CITY, PHASE – II, HOSUR ROAD BENGALURU – 560 100.
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA
NC: 2023:KHC:31610 CRL.P No. 929 of 2023
INDUSTRIAL AREA, ELECTRONIC CITY PHASE – II, HOSUR ROAD BENGALURU – 560 100.
…PETITIONERS
(BY SRI. UMESHA R., ADVOCATE AND SRI. RARTHA MANDAL, ADVOCATE)
AND:
MR. K.SANTHOSH KUMAR SON OF MR. D.KANDASWAMY AGED ABOUT 40 YEARS RESIDING AT NO. 19/9A BALAJI NAGAR 1ST CROSS, HOSUR - 635 109.
…RESPONDENT
(BY SRI. K.SANTOSH KUMAR, ADVOCATE)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE CRIMINAL CASE BEARING C.C.NO.31800/2022 PENDING ON THE FILE OF THE LEARNED 9th ACMM, BANGALORE AND ALSO CONSEQUENTLY QUASH THE ORDER DATED 30.09.2022 PASSED BY THE LEARNED 9th ACMM, BANGALORE FOR REGISTERING THE CRIMINAL CASE AGAINST THE PETITIONERS FOR THE OFFENCE P/U/S 308,420,52,120B,34,109 OF IPC AND SECTION 43(a), 72(a) OF I.T. ACT.
THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The respondent filed a private complaint under Section 200 of the Cr.P.C. alleging that the petitioner herein is forcing to wear the face mask, undergo test for COVID – 19 and to get
vaccinated. The petitioner has prevented the respondent from entering the premises from discharging his duties.
IPC are :
ii) with intention or knowledge to commit culpable homicide not amounting to murder
iii) that the offence was committed under such circumstances that if by that act the accused caused the death, he would be guilty of culpable homicide not amounting to murder.
elements to constitute an offence under Section 308 of the IPC, is without any substance.
Sd/JUDGE
NVJ
List No.: 1 Sl No.: 52
3 issues framed by the court
Whether the criminal proceedings initiated for alleged compulsion for COVID-19 testing and vaccination satisfy the essential ingredients of offences under Section 308 IPC.
Whether the continuation of the impugned proceedings constitutes an abuse of the process of law.
Whether quashing is permissible under Section 482 Cr.P.C. given the absence of a specific act by the petitioner causing the death.
2 provisions across 2 enactments
MR. A.S.PRAKASH AND MR. BASAVALINGA
MR. K.SANTHOSH KUMAR
HEMANT CHANDANGOUDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
