Karnataka High Court
Sri. U. T. Abdul Khader Ali Fareed vs State Of Karnataka on 15 December, 2023
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2023:KHC:45724
CRL.P No. 13207 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 13207 OF 2023
BETWEEN:
SRI. U. T. ABDUL KHADER ALI FAREED
S/O LATE U T FAREED
AGED ABOUT 54 YEARS,
R/A NO.16-4-338 ALIS 1ST CROSS,
KALPANA ROAD, BENDOORWELL, MANGALORE
DAKSHINA KANNADA - 575001
(PRESENTLY CARRYING OUT HIS RESPONSIBILITIES
AS THE HONBLE SPEAKER OF THE KARNATAKA
LEGISLATIVE ASSEMBLY)
...PETITIONER
(BY SRI. SHATHABISH SHIVANNA, ADVOCATE)
AND:
Digitally signed by
PADMAVATHI B K 1. STATE OF KARNATAKA
Location: HIGH THROUGH SHIVAJINAGAR P S
COURT OF
KARNATAKA REPRESENTED BY SPP OFFICE,
HIGH COURT OF KARNATAKA,
BENGALURU - 560001
2. SHARATH BABU R
AGED ABOUT UNKNOWN
S/O UNKNOWN
POLICE SUB INSPECTOR,
SHIVAJINAGAR P S
KARNATAKA - 560051
...RESPONDENTS
(BY SRI.B.N.JAGADEESH, ADDL. SPP)
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NC: 2023:KHC:45724
CRL.P No. 13207 of 2023
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO
QUASH THE PRIVATE COMPLIANT IN PCR NO.54122/2022
DATED 16.06.2022 REGISTERED BY THE I RESPONDENT
SHIVAJI NAGAR POLICE STATION FOR THE OFFENCE P/U/S.188
OF IPC AND SEC.31 R/W SEC.103 OF KARNATAKA POLICE ACT,
PURSUANT TO THE ORDER OF COGNIZANCE DATED
06.08.2022 IN C.C.NO.25317/2022 AND ALL FURTHER
PROCEEDINGS IN C.C.NO.25317/2022 PENDING ON THE FILE
OF THE 42nd ACMM (SPECIAL COURT FOR TRIAL OF CASES
AGAINST SITTING MPs/MLAs, TRIABLE BY MAGISTRATE IN THE
STATE OF KARNATAKA) AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel Sri. Shathabish Shivanna,
appearing for the petitioner and Sri.B.N.Jagadeesh, the learned
Additional State Public Prosecutor appearing for the
respondents.
2. The petitioner is before this Court, seeking for the
following prayer:
" PRAYER
WHEREFORE, it is most respectfully prayed that
this Hon'ble Court be pleased to call for records and
quash the Private Complaint in PCR.No.54100/2022
dated 16.06.2022 registered by the 1st respondent
Shivaji Nagar Police Station for the offences
punishable under Section 188 of the IPC, Section 31
r/w Section 103 of the Karnataka Police Act,
pursuant to the order of cognizance dated
06.08.2022 in C.C.No.25317/2022 and all further
NC: 2023:KHC:45724
proceedings in C.C.No.25317/2022, pending on the
File of the 42nd ACMM, (Special Court for trial of
cases against Sitting Mps/MLAs, triable by
Magistrate in the State of Karnataka) in the interest
of justice."
3. Learned counsel appearing for the petitioner would
submit that the issue in the lis stands covered by the judgment
rendered by the Co-ordinate Bench of this Court in
Crl.P.No.3431/2023 disposed on 14.07.2023, wherein it has
held as follows:
" ORDER
Heard the learned counsel appearing for the
petitioner and learned HCGP for respondent Nos.1
and 2.
2. The petitioner/accused No.1 is charged
for the offence punishable under Section 188 of
Indian Penal Code and Sections 31 read with 103 of
Karnataka Police Act.
3. The allegations is holding of a protest
during the period, in which, the Standard Operating
Procedure (for short hereinafter referred to as
'SOP') of Covid-19 was in operation.
NC: 2023:KHC:45724
4. Learned counsel for the petitioner
would contend that for an offence to become
punishable under Section 188 IPC, the lawful
orders of Deputy Commissioner/District
Magistrate/Taluka Magistrate should have been
violated. The violation here is of other orders of
State.
5. Be that submission as it may.
6. What merits consideration, at this
juncture is the manner, in which, the cognizance is
taken and summons are issued to the accused. The
Court records the filing of complaint and issues
summons to accused Nos.1 to 13 through the
jurisdictional police.
7. The order reads as follows:
"Office to Register this case in CC
Register and issue notice to the
complainant and issue summons to the
accused No.1 to 13, through jurisdictional
Police Station Rtb.by 26.08.2022."
The order on the face of it, does not reflect
any application of mind.
8. The Hon'ble Apex Court in the case of
PEPSI FOODS LTD., VS. SPECIAL JUDICIAL
MAGISTRATE - (1988) 5 SCC 749 and in the
case of FAKHRUDDIN AHMAD VS. STATE OF
NC: 2023:KHC:45724
UTTARPRADESH AND ANOTHER - (2008) 17
SCC 157 has delineated the issue of learned
Magistrate requiring to apply the mind while issuing
summons on taking cognizance of the offences.
9. In the light of the aforesaid judgments
and the order taking cognizance as quoted
hereinabove, permitting further proceedings would
become an abuse of the process of law, albeit,
prima facie.
10. Therefore, for the aforesaid reasons,
the petition is allowed. The proceedings in
C.C.No.25317/2022 pending on the file of 42nd
ACMM, Bengaluru for the offences punishable under
Section 188 of IPC and Section 31 r/w Section 103
of the Karnataka Police Act stands quashed qua the
petitioner."
4. In the light of the order passed by the Co-ordinate
Bench of this Court (supra) and for the reasons
aforementioned, the following:
ORDER
i) The Criminal Petition is allowed.
NC: 2023:KHC:45724
ii) The proceedings in C.C.No.25317/2022 pending on
the file of the 42nd Additional Chief Metropolitan
Magistrate, Bengaluru stands quashed.
Sd/-
JUDGE
KG
