Allowed

Mahesh @ Mahesha. M v. State by Chamarajnagar Town Ps

Karnataka HC23 Jan 2024CRL.P/9153/2022

Case brief

AI extract

What is this about?

The High Court allowed a petition under Section 482 Cr.P.C. to quash criminal proceedings for offences under Sections 143, 147, 188 read with 149 IPC. The court held that the police erred in registering an FIR under Section 154 Cr.P.C. as these sections are non-cognizable and require a complaint under Section 2(d) Cr.P.C. It also noted the impropriety of FIR registration against citizens attending

What did the court decide?

The criminal proceedings against the petitioners in Crime No.275/2017 registered by Chamarajanagar Town Police station in C.C.No.315/2021 pending on the file of Additional Senior Civil Judge and JMFC,

Mahesh @ Mahesha. M Vs State by Chamarajnagar… — Criminal Trial and Appeal | Karnataka HC (2024)

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1 - NC: 2024:KHC:3162 CRL.P No. 9153 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 23^RD DAY OF JANUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE K.NATARAJAN CRIMINAL PETITION NO. 9153 OF 2022

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BETWEEN:

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MAHESH @ MAHESHA M

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S/O MAHADEVAIAH, AGED ABOUT 34 YEARS, CITY COUNCIL MEMBER, R/AT 3^RD WARD, GALIPURA GRAMA, CHAMARAJNAGAR - 571 313.

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ABRAR AHMED S/O LATE ABDUL MAJEED, AGED ABOUT 47 YEARS, SDPI PRESIDENT, R/AT 12/120, K.P.MOHALLA, GALIPURA LAYOUT, CHAMARAJNAGAR - 571 313.

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Digitally signed by BHAVANI BAI G Location: High Court of Karnataka

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SYED ARIF S/O SYED UMMAR,

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AGED ABOUT 58 YEARS, 12^TH WARD CITY COUNCIL MEMBER, R/AT 14/8, MUBARAK MOHALLA, NEW STREET MASJID-E-ALA, CHAMARAJNAGAR - 571 313.

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SYED IMRAN

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S/O SYED IQBAL,

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AGED ABOUT 35 YEARS,

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5^TH WARD CITY COUNCIL MEMBER, R/AT 5/130, BEHIND ZOHRA MASJID, AHAMED NAGAR MOHALLA, CHAMARAJNAGAR - 571 313.

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2 - NC: 2024:KHC:3162 CRL.P No. 9153 of 2022

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ABDUL RAHIM

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S/O LATE NISAR AHMED, AGED ABOUT 36 YEARS, OCCUPATION WAGE WORKER, R/AT 2^ND DEVAGANGA STREET, CHAMARAJNAGAR - 571 313.

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ABU SALMAN S/O SHAFEEQ AHAMAD, AGED ABOUT 25 YEARS, OCCUPATION TOW WHEELER MACHANIC, R/AT MUSLIMS BEEDI, HARADANAHALLI, CHAMARAJNAGAR - 571 127.

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MAHAMMAD FAZAL S/O MAHAMMAD KHUDRUS, AGED ABOUT 36 YEARS, OCCUPATION TEMPO DRIVER, R/AT TIPPU MASJID, 4^TH CROSS, GALIPURA LAYOUT, CHAMARAJNAGAR - 571 313.

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SYED MUDAKIR @ MUZAKIR S/O SYED JAMEER @ JAMEEL, AGED ABOUT 35 YEARS, OCCUPATION BUSINESS, R/AT BEHIND KSRTC BUS STAND, K.P.MOHALLA, CHAMARAJNAGAR TOWN - 571 313.

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ZABIULLA S/O ABDUL NOOR, AGED ABOUT 38 YEARS, OCCUPATION BUSINESS, R/AT BEHIND LORRY STAND, MUBARAK MOHALLA, CHAMARAJNAGAR - 571 313.

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3 - NC: 2024:KHC:3162 CRL.P No. 9153 of 2022

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RAFIQ ULLA KHAN S/O ZIYAULLA AHAMAD KHAN @ LATE G R MAHAMUD KHAN, AGED ABOUT 44 YEARS, OCCUPATION WHEELER DEALER, R/AT 21/240 WARD NO.21, JAMIYA MOHALLA JAMIYA MASEEDI, CHAMARAJNAGAR - 571 313.

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…PETITIONERS

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(BY SRI. MOHAMMED TAHIR, ADVOCATE)

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AND:

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STATE BY CHAMARAJNAGAR TOWN PS REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX BUILDING, VIDHANASAUDHA, BANGALORE - 560 001.

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MAHADEVAIAH

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AGED ABOUT 56 YEARS, POLICE OFFICER, R/AT POLICE OFFICER, CHAMARAJANAGARA TOWN POLICE, STATION - 571 313.

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…RESPONDENTS

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(BY SRI. VENKAT SATYANARAYANA A., HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO QUASH THE CHARGE SHEET DATED 02.03.2018 AT ANNEXURE-C, FINAL REPORT FILED BY THE RESPONDENT POLICE WHICH IS REGISTERED AS C.C.NO.315/2021, U/S 143, 147, 188 R/W 149 OF IPC IN CONNECTION OF CR.NO.275/2017 REGISTERED BY THE CHAMARAJANAGARA TOWN POLICE STATION SAME IS PENDING BEFORE THE ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C., CHAMARAJANAGAR, WHEREIN ARRAYED PETITIONERS ARE ARRIVED AS ACCUSED NO.1 TO 10.

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NC: 2024:KHC:3162 CRL.P No. 9153 of 2022

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

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ORDER

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This petition is filed by the petitioners-accused Nos.1 to 10 under Section 482 of Cr.P.C. for quashing the charge sheet in respect of Crime No.275/2017 registered by Chamarajanagar Town Police station, charge sheeted for the offences punishable under Sections 143, 147, 188 read with Section 149 of IPC in C.C.No.315/2021, pending on the file of Additional Senior Civil Judge and JMFC, Chamarajanagar.

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Heard the learned counsel for the petitioners and

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learned High Court Government Pleader for the respondents.

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The case of the prosecution is that on the complaint of Mahadevaiah, Police Inspector of Chamarajanagar Town Police station registered FIR on 01.11.2017 for the offence punishable under Sections 143, 147, 188 read with Section 149 of IPC alleging that on 01.11.2017, Kannada Rajyotsava Celebrations were taking place in Dr.B.R.Ambedkar Stadium and there was promulgation stating not to make unlawfull assembly. On around 10.00 a.m., 15 to 20 people took out Bike Rally from SDPI office Galipura. Upon seeing this, the

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5 - NC: 2024:KHC:3162 CRL.P No. 9153 of 2022

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complainant stopped those persons as they didnot have any legal permission to do so. They agreed the informed the police that they will not start rally. When the program was finished, again the said persons started bike rally by 11.30 a.m., then the complainant along with the other police personnels stopped them and registered the FIR and charge sheeted which is under challenge.

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The learned counsel for the petitioners has seriously

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contended that the offence under Section 188 of IPC, the Police cannot register the FIR, they have to file the complaint before the Magistrate as per Section 2(d) read with Section 200 of the Cr.P.C. Therefore, registering the FIR under Section 154 of Cr.P.C. is not sustainable. In support of his case, he has relied upon the judgment of the Co-ordinate Bench as well as this Court in W.P.No.5415/2022 and Crl.P.No.10435/2022 dated 17.02.2023 respectively and prayed for quashing the charge sheet.

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Per contra , learned High Court Government Pleader

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objected the petition.

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NC: 2024:KHC:3162 CRL.P No. 9153 of 2022

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Having heard the arguments and on perusal of the records, especially the FIR and charge sheet, where the Tahsildar issued an order under Section 144 of Cr.P.C. as not to assemble more than 4 persons and there shall not be any bike rallies in view of the celebration of the Kannada Rajyotsava on 01.11.2017 by the Taluk Administration and therefore, the petitioners were proceeding in the bike rally they have been stopped and a case was registered. The submission of the learned counsel is that these persons were proceeding for the purpose of attending the Rajyotsava celebrations but they went in a bike which was stopped by the Police and registered the FIR. This Court as well as the Co-ordinate Bench have taken the view that main offence is under Section 188 of IPC which is a non cognizable offence where the State or the other person shall file a complaint under Section 2(d) of the Cr.P.C. for violation of the promulgation of the State. But no such permission or no such private complaint has been filed by the police as per Section 195 of the Cr.P.C. This Court in Crl.P.No.10435/2022 in the case of A Manju vs. State of Karnataka and another dated 17.02.2023 has categorically held that the offence under Sections 172 to 188 (both

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NC: 2024:KHC:3162 CRL.P No. 9153 of 2022

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inclusive) a complaint required to be filed and not under Section 154 of Cr.P.C. The similar view has been taken by the Co-ordinate Benches of this Court in Writ Petition No.5415/2022 in the case of Fairoz Ulla Shariff @ Shariff and others vs. State and another , Crl.P.No.2896/2022 in the case of Ravi and others vs. State and Writ petition No.13328/2018 dated 18.06.2021, in the case of

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Rajashekharananda Swamiji vs. State of Karnataka .

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Considering the same, I am of the view, the Police have no power to register the FIR under Section 154 of Cr.P.C. as they have to file complaint under Section 2(d) of Cr.P.C. Therefore, without filing the complaint, the proceedings against the petitioners is abuse of process of law and liable to be quashed.

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However, it is worth to mention that when the petitioners are moving for attending the celebration of Kannada Rajyotsava, the Police ought not to have registered any FIR against them, as it is a right of a person who are staying in Karnataka shall celebrate the Kannada Rajyotsava Day. Such being the case, registering the FIR against the petitioners who

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8 - NC: 2024:KHC:3162 CRL.P No. 9153 of 2022

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are proceeding to attend the Kannada Rajyotsava celebration is not correct. Therefore, the proceedings is liable to be quashed.

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9. Accordingly, the petition is allowed .

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The criminal proceedings against the petitioners in Crime No.275/2017 registered by Chamarajanagar Town Police station in C.C.No.315/2021, pending on the file of Additional Senior

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Civil Judge and JMFC, Chamarajanagar is hereby quashed.

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Sd/JUDGE

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GBB List No.: 1 Sl No.: 17 CT:SK

Mahesh @ Mahesha. M v. State by Chamarajnagar Town Ps

Case brief

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Mahesh @ Mahesha. M v. State by Chamarajnagar Town Ps

Case brief

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