Karnataka High Court
Dr. G. Parmeshwar vs The State Of Karnataka on 3 November, 2023
Bench: M.Nagaprasanna
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NC: 2023:KHC:39052
CRL.P No. 10136 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 10136 OF 2023
BETWEEN:
1. DR. G. PARMESHWAR
S/O SRI H M GANGADHARAIAH,
AGED ABOUT 70 YEARS,
MLA KORATAGERE
VIDHANA SABHA CONSTITUENCY,
TUMKUR DISTRICT 572129
R/AT NO.30, SIDDHAGANGANAGARA,
TUMKUR DISTRICT 572107
2. SOWMYA REDDY
D/O SHRI RAMALINGA REDDY,
AGED ABOUT 40 YEARS,
MLA JAYANAGARA, ASSEMBLY CONSTITUENCY,
BANGALORE 560041
Digitally signed by R/AT 455/7, 15TH CROSS,
PADMAVATHI B K LAKKASANDRA, BANGALORE 560030
Location: HIGH
COURT OF
KARNATAKA ...PETITIONERS
(BY SMT. SUMATHI PAULIN M., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY SHIVAJINAGAR POLICE,
SHIVAJINAGAR,
BANGALORE - 560001
THROUGH STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA,
BANGALORE 560001
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NC: 2023:KHC:39052
CRL.P No. 10136 of 2023
2. SHARATH BABU R
SUB INSPECTOR,
SHIVAJINAGAR POLICE STATION,
BANGALORE - 560001
...RESPONDENTS
(BY SRI. B.N. JAGADEESHA, ADDL. SPP A/W
SMT. K.P.YASHODHA, HCGP)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO i. SET
ASIDE THE ORDER DATED 28.06.2022 VIDE PCR
NO.54122/2022 TAKING COGNIZANCE OF THE OFFENCE P/U/S
31 R/W 103 OF KARNATAKA POLICE ACT AND SECTION 188 OF
IPC AGAINST THE PETITIONERS CURRENTLY PENDING ON THE
FILE OF 42nd ACMM, BENGALURU IN C.C.NO.25317/2022.ii.
QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.25317/2022
PENDING ON THE FILE OF 42nd ACMM, BENGALURU AGAINST
THE PETITIONERS FOR THE OFFENCE P/U/S.188 OF IPC SEC.31
R/W SEC.103 OF KARNATAKA POLICE ACT FILED BY THE
RESPONDENT NO.1 SHIVAJINGAR POLICE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Heard Smt. Sumathi Paulin, learned counsel appearing
for the petitioners and Sri. B.N.Jagadeesha, the learned
Additional Special Public Prosecutor along with
Smt.K.P.Yashodha, the learned High Court Government Pleader
appearing for the respondents.
2. The petitioners are before this Court calling in
question the proceedings in C.C.No.25317/2022 registered for
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CRL.P No. 10136 of 2023
offence punishable under Section 31 read with Section 103 of
the Karnataka Police Act and Section 188 of the Indian Penal
Code. The petitioners are accused Nos.3 and 12.
3. The learned counsel for the petitioners would
submit that the issue in the case at hand stands covered by the
judgment rendered by the Co-ordinate Bench of this Court in
Crl.P.No.3431/2023, disposed of on 14.07.2023, wherein
this Court has held as follows:
" 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.
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
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CRL.P No. 10136 of 2023
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
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
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CRL.P No. 10136 of 2023
Section 188 of IPC and Section 31 r/w Section 103 of
the Karnataka Police Act stands quashed qua the
petitioner."
4. The position in law is not disputed by the learned
Additional Special Public Prosecutor representing the State.
5. 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.
(ii) The proceedings in C.C.No.25317/2022
pending on the file of the 42nd Additional
Chief Metropolitan Magistrate, Bengaluru,
qua the petitioners, stand quashed.
Sd/-
JUDGE
KG
