Petition to quash FIR alleging Essential Commodities Act, Representation of the People Act and IPC electoral offences. The Court held cognizance was barred absent a competent-authority complaint under the EC Act and a written public-servant complaint under Section 195 CrPC, and quashed the proceedings qua the petitioner.
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.
NC: 2024:KHC:4523 CRL.P No. 5912 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT CRIMINAL PETITION NO.5912 OF 2023
BETWEEN:
SRI. MUNIRATHNA, SON OF SUBRAMANI NAIDU, AGED ABOUT 58 YEARS, R/AT NO.147, 11TH A CROSS, VYALIKAVAL, MALLESHWARAM, BENGALURU - 560 003.
…PETITIONER
(BY SRI. ASHOK HARANAHALLI, SENIOR ADVOCATE A/W SRI. P. CHANDRASHEKAR, ADVOCATE)
AND:
Digitally signed by CHETAN B C Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI. B.N. JAGADEESH, ADDITIONAL SPP FOR R1; R2 - SERVED)
NC: 2024:KHC:4523 CRL.P No. 5912 of 2023
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO A. ALLOW THIS CRIMINAL PETITION AND QUASH THE FIR IN CR.NO.222/2018 REGISTERED BY THE Ist RESPONDENT KAMAKSHIPALYA POLICE FOR OFFENCE P/U/S.3 AND 7 OF ESSENTIAL COMMODITIES ACT, AND U/S 123(A) OF THE REPRESENTATION OF PEOPLES ACT 1951 AND 1988 AND U/S 188 AND 171E OF THE IPC PRESENTLY PENDING ON THE FILE OF THE 42ND ACMM (SPECIAL COURT FOR TRIAL OF CASES AGAINST SITTING AS WELL AS FORMER MPS/MLAS, TRIABLE BY MAGISTRATE IN THE STATE OF KARNATAKA AT BENGALURU, VIDE ANNEXURE-A AND ETC.,
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This Petition seeks quashment of FIR in Crime No.222/2018 of Kamakshipalya Police Station, Bengaluru. The FIR alleges offences punishable u/Ss 3 & 7 of the Essential Commodities Act, 1955, Section 123(A) of the Representation of People Act, 1951 and Sections 188 & 171E of the IPC, 1860.
Petitioner argues that no search & investigation can be
undertaken by the Police for the offences punishable u/Ss 3 & 7 of the EC Act, in the absence of a complaint filed by the competent authority as provided under Paragraph No.16 of Karnataka Essential Commodities Public Distribution System (Control) Order; in respect of electoral offences punishable u/Ss 171E & 188 of IPC, unless the bar enacted in Section 195 of Cr.P.C. 1973 is jumped, the Police have no role; lastly, the allegations as to the violation of Section 123A of 1951 Act is concerned, they are ridiculous since no offence is enacted there. Learned Addl. SPP appearing for the Respondents opposed the Petition making submission in justification of the impugned proceedings.
seizure, the sanction of the authority is a must. This apart, Section 11 bars taking of cognizance of any offence punishable under the provisions of the Act except on a report of the particular public servant.
servant”.
NC: 2024:KHC:4523 CRL.P No. 5912 of 2023
In the above circumstances, this Petition succeeds;
the proceedings in C C No.30791/2021 pending on the file of learned Vth ACMM, Bengaluru and registration of Crime No. 222/2018 of Kamakshipalya Police Station, Bengaluru, are hereby quashed, so far as the Petitioner is concerned.
Sd/JUDGE
ABK/Bsv
1 issue framed by the court
Whether FIR and proceedings could stand where EC Act complaint was not by competent authority and electoral offences under Sections 171E/188 IPC require Section 195 CrPC complaint.
4 provisions across 4 enactments
SRI. MUNIRATHNA
THE STATE OF KARNATAKA
SRI. TEJU V.S.
KRISHNA S DIXIT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
