Allowed¶32

Sri. B. v. Raghu v the State of Karnataka

Karnataka HC7 Feb 2025CRL.P/1575/2025

Case brief

AI extract

What is this about?

High Court of Karnataka, Bengaluru (S.R. Krishna Kumar, J.), CRL.P No.1575 of 2025, decided 07.02.2025 — Section 482 CrPC petition by B.V. Raghu seeking quashing of C.C. No.212/2017 (Sections 353 & 354 IPC, I Addl. Civil Judge & JMFC, Nelamangala) arising from complaint dated 08.01.2017 lodged by respondent No.2, a Women Police Constable — Allowed; entire proceedings quashed qua petitioner, the Court finding that ingredients of offences under Ss.353 & 354 IPC are not forthcoming against him and that continuation amounts to abuse of process of law.

What did the court decide?

Entire proceedings in C.C. No.212/2017 (Sections 353 and 354 IPC) pending before the I Additional Civil Judge and JMFC, Nelamangala, Bengaluru quashed qua the petitioner. ¶32

Sri. B. v. Raghu Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:5613 CRL.P NO.1575 OF 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 07^TH DAY OF FEBRUARY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.1575 OF 2025

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BETWEEN:

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SRI. B.V. RAGHU S/O LATE P.M. VENKATAPPA AGED ABOUT 55 YEARS, NO.6, 6^TH BLOCK, B.E.L. LAYOUT, VIDYARANYAPURA, BENGALURU - 560 097.

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…PETITIONER

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(BY SRI. RAVI B.V., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BY MADANAYAKANAHALLI POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001.

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Digitally signed by ARUNKUMAR M S Location: High Court of Karnataka

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SMT. PRATHIBHA T.P. WPC., D.P.O, BENGALURU DISTRICT, BENGALURU - 01

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…RESPONDENTS

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(BY SMT. RASHMI JADHAV, ADDL. S.P.P. FOR R1)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C. NO.212/2017 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 353 AND 354 OF IPC, PENDING ON THE FILE OF I ADDITIONAL CIVIL JUDGE AND JMFC, NELAMANGALA, BENGALURU INSOFAR AS THE PETITIONER IS CONCEREND IN THE INTEREST OF JUSTICE AND EQUITY.

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NC: 2025:KHC:5613 CRL.P NO.1575 OF 2025

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THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR

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ORAL ORDER

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In this petition, the petitioner seeks following relief:

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" Quash the entire proceedings in C.C. No.212/2017 for the offences punishable under Sections 353 and 354 of Indian Penal Code, pending on the file of the I Additional Civil Judge and JMFC., Bangalore, insofar as the petitioner is concerned in the interest of justice and equity."

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Heard learned counsel for the petitioner and learned Additional Special Public Prosecutor for the respondent No.1 and perused the material on record.

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A perusal of the material on record will indicate that, on 08^th January, 2017, the respondent No.2, who is a Women Police Constable had lodged instant complaint which culminated in the charge sheet against the petitioner, which is pending before the I Additional Civil Judge and JMFC., Nelamangala, Bengaluru in C.C. No.212/2017 for the offences punishable under Sections 353 and 354 of the Indian Penal Code. However, a perusal of the material on record comprising of the complaint, F.I.R., charge sheet, statement of witnesses etc., is sufficient to come to the conclusion that, necessary ingredients constituting offences under Sections

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NC: 2025:KHC:5613 CRL.P NO.1575 OF 2025

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353 and 354 of the Indian Penal Code are not forthcoming as against the petitioner and consequently, continuation of impugned proceedings in the facts and circumstances of the instant case would amount to abuse of process of law warranting interference by this Court in the present petition.

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In the result, I pass the following:

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O R D E R

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1. Criminal Petition is allowed;

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1. The entire proceedings in C.C. No.212/2017 pending on the file of the I Additional Civil Judge and JMFC., Nelamangala, Bengaluru for the offences punishable under Sections 353 and 354 of the Indian Penal Code qua the petitioner is hereby quashed.

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SD/(S.R. KRISHNA KUMAR) JUDGE

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ARK List No.:1 Sl No.: 54

Sri. B. v. Raghu v the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri. B. v. Raghu v the State of Karnataka

Case brief

What is this about?

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