Shri Shyam S/O Ashok Tagadaghar Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

Shri Shyam S/O Ashok Tagadaghar Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the entire proceedings in Criminal Case No.1031 of 2024 (arising from FIR in Crime No.26 of 2023, offence under Section 42 of the Karnataka Prisons (Amendment) Act, 2022) pending before the Principal Civil Judge and Principal JMFC, Dharwad, can be quashed under Section 482 of the Code of Criminal Procedure, 1973. +1 more

Court's answer

Disputed questions of fact cannot be adjudicated by this Court in a petition under Section 482 of the Code of Criminal Procedure, 1973; at the quashing stage only prima-facie material has to be seen, this ratio having been laid down by the Hon'ble Apex Court in M/S. Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra (AIR 2021 SC 1918).

Ratio / Principle

On the charge-sheet material, prima-facie material exists against the petitioner: being a Government employee on the staff of Central Prison, Dharwad, he carried two mobile phones on duty, deposited one with the Inspecting Authority, and concealed the other inside the inner pocket of his pant without producing it to the KSISF staff, thereby illegally carrying the mobile phone inside the Prison despite knowing that he was prohibited from doing so.

Detailed headnote1 paragraphs

Criminal Petition (CRL.P No. 101397 of 2025) under Section 482 Cr.P.C. seeking quashing of FIR in Crime No.26 of 2023 and the order of taking cognizance and issuance of process dated 21-03-2024 in Criminal Case No.1031 of 2024 on the file of the Principal Civil Judge and Principal JMFC, Dharwad, for offence punishable under Section 42 of the Karnataka Prisons (Amendment) Act, 2022. Allegation: petitioner, a Second Division Clerk at Central Prison, Dharwad, while attending morning duty on 4-2-2023, deposited one mobile phone with the Inspecting Authority but concealed another Samsung keypad mobile phone (without SIM) in the inner pocket of his pant during KSISF frisking. Held: disputed questions of fact cannot be adjudicated under Section 482 Cr.P.C.; at that stage only prima-facie material falls for consideration (ratio of the Hon'ble Apex Court in M/S. Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra, AIR 2021 SC 1918, relied on). On the charge-sheet material, prima-facie material exists — the petitioner, a Government employee aware of the prohibition, illegally carried the mobile phone inside the Prison. Petition dismissed. (Venkatesh Naik T, J.; Dharwad Bench; 18-07-2025; NC: 2025:KHC-D:8939)

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NC: 2025:KHC-D:8939 CRL.P No. 101397 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

DATED THIS THE 18^TH DAY OF JULY, 2025

BEFORE

THE HON'BLE MR. JUSTICE VENKATESH NAIK T

CRIMINAL PETITION NO.101397 OF 2025 (482 OF Cr.PC/528 OF BNSS)

BETWEEN:

SHRI SHYAM S/O. ASHOK TAGADAGHAR AGE 38 YEARS, S.D.A R/O. CENTRAL PRISON, DHARWAD, HUBLI-DHARWAD CITY, KARNATAKA, PIN-580008.

…PETITIONER

(BY SMT. SITALAXMI PURLI, ADVOCATE)

AND:

Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench

THE STATE OF KARNATAKA, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, DHARWAD, PIN-580011. REPRESENTED THROUGH SUB-URBAN POLICE STATION, DHARWAD.

SRI M. A. MARIGOUDA, SUPERINTENDENT CENTRAL PRISON, DHARWAD, HUBLI-DHARWAD CITY, PIN-580008.

…RESPONDENTS

(BY SRI ABHISHEK MALLIPATIL, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CR.P.C., SEEKING TO QUASH F.I.R. IN CRIME NO.26 OF 2023 AND ORDER OF TAKING COGNIZANCE AND ISSUANCE OF PROCESS ORDER DATED 21-03-2024 IN CRIMINAL CASE NO.1031 OF 2024 BY THE PRINCIPAL CIVIL JUDGE AND PRINCIPAL JMFC COURT, DHARWAD, FOR THE OFFENCE PUNISHABLE UNDER SECTION 42 OF THE KARNATAKA PRISONS (AMENDMENT) ACT, 2022 AND ETC.

THIS CRIMINAL PETITION IS COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

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NC: 2025:KHC-D:8939 CRL.P No. 101397 of 2025

HC-KAR

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T)

The petitioner has filed this petition under Section 482 of the Code of Criminal Procedure, 1973, to quash the entire proceedings in Criminal Case No.1031 of 2024 on the file of learned Principal Civil Judge and Principal Judicial Magistrate First Class, Dharwad.

The brief facts of the prosecution case are that, the petitioner is working as a Second Division Clerk at Central Prison, Dharwad. While attending morning duty on 4-2-2023, he found to have committed the crime of illegally keeping one of his mobile phones in his possession while the KSISF staff was inspecting him in the frisking room. The petitioner deposited one of his mobile phones and kept another Samsung keypad mobile phone (without SIM) in the inner pocket of his pant, without presenting it to the Inspection Staff and despite the fact that he was a Government employee, he was prohibited from taking prohibited substance inside the Prison. Hence, the

3 - NC: 2025:KHC-D:8939 CRL.P No. 101397 of 2025

HC-KAR

Superintendent of Central Jail, Dharwad, filed a complaint, which led to registration of First Information Report and investigation.

Taking exception to the same, the petitioner has filed this petition.

Heard Smt. Sitalaxmi P., learned counsel for the petitioner, and Sri Abhishek Mallipatil, learned High Court Government Pleader for the respondents.

Learned counsel for the petitioner has contended that the petitioner is working as a Second Division Clerk at Central Prison, Dharwad, and there is no motive attributed. He is physically handicapped person, he is innocent of the acquisition made against him and he is not concerned to the alleged offence. As per the seizure mahazar, the petitioner carried a mobile phone without any SIM and hence, the alleged offence does not attract against the petitioner. Thus, she prayed for quashing the petition.

4 - NC: 2025:KHC-D:8939 CRL.P No. 101397 of 2025

HC-KAR

Per Contra, the learned High Court Government Pleader for the respondents has contended that there is prima-facie material against the petitioner and he is involved in the offence. Hence, he prayed for rejecting the petition.

Perused the material available on record. As per the charge-sheet material, the petitioner, being a staff of the Central Prison, Dharwad, carried two mobile phones, while he was attending duty. He deposited one mobile phone to the Inspecting Authority and he hide another mobile inside the inner pocket of the pant and not produced the same to the KSISF staff, while inspecting. Thus, he illegally carried the said mobile phone inside the Prison, he being a Government employee and knowing the fact that he was prohibited from taking the mobile phone inside the Prison.

Now, the petitioner is disputing the question of fact, which cannot be adjudicated upon by this Court under Section 482 of the Code of Criminal Procedure, 1973. At this stage, only prima-facie material has to be seen and this ratio is laid down by the Hon'ble Apex Court in the case of

NC: 2025:KHC-D:8939 CRL.P No. 101397 of 2025

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HC-KAR

M/S. NEEHARIKA INFRASTRUCTURE PVT. LTD. v.

STATE OF MAHARASHTRA AND OTHERS reported in

AIR 2021 SC 1918 . Hence, there is no merit in this

petition. Accordingly the petition is dismissed.

Sd/(VENKATESH NAIK T) JUDGE

KVK

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