Karnataka High Court
Waseem Pasha @ Vasim Pasha vs State By on 2 April, 2024
Author: K.Natarajan
Bench: K.Natarajan
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NC: 2024:KHC:13559
CRL.P No. 10002 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 10002 OF 2022
BETWEEN:
1. WASEEM PASHA @ VASIM PASHA
S/O IKBAL PASHA @ IQBAL PASHA
R/AT MUSLIM BLOCK,
K.R. NAGARA TOWN
MYSURU 571 602
2. SUHEL
S/O REHAMAN SHARIFF
R/AT MUSLIM BLOCK,
K.R. NAGARA TOWN
MYSURU 571 602
3. MOHAMED APSAR @ MAHAMMED APSAR
S/O MOHAMED HUSEN @ MAHAMMED HUSIAN
R/T MUSLIM BLOCK,
Digitally signed by K.R. NAGARA TOWN
BHAVANI BAI G
Location: High
MYSURU 571 602
Court of Karnataka
4. MOHAMAD IRFAN @ MAHAMMED IRFAN
S/O MOHAMAD IRFAN @ MOAHAMMED USMAN
R/T MUSLIM BLOCK,
K.R. NAGARA TOWN
MYSURU 571 602
5. NADEEM ULLA KHAN @ NADIM ULLAH KHAN
S/O LATHAF KHAN
R/T MUSLIM BLOCK,
K.R. NAGARA TOWN
MYSURU 571 602
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NC: 2024:KHC:13559
CRL.P No. 10002 of 2022
6. MOHAMAD ISMAIL @ MAHAMMED HIDAYITH
S/O MAHAMMED ASLAAM
R/T MUSLIM BLOCK,
K.R. NAGARA TOWN
MYSURU 571 602
...PETITIONERS
(BY SRI MOHAMMED TAHIR, ADVOCATE)
AND:
1. STATE BY
K.R. NAGARA P.S
REP BY PUBLIC PROSECUTOR,
OFFICE AT ADVOCATE GENERAL OFFICE
HIGH COURT COMPLEX,
OPP VIDHANA SOUDHA
BANGALORE 560001
2. CHETHAN V
PSI ,
KR NAGAR
POLICE STATION,
MYSURU 571 602
...RESPONDENTS
(BY SMT ANITHA GIRISH, HCGP FOR R1)
***
THIS CRL.P FILED U/S.482 CR.P.C PRAYING TO SET
ASIDE THE COGNIZANCE ORDER DATED 12.03.2021 PRESENT
AT ANNEXURE-D IN C.C.NO.332/2021 U/S 341, 188 R/W 34 OF
IPC ARISING OUT OF CR.NO.440/2019 K.R.NAGAR POLICE
STATION, PASSED BY THE HONOURABLE PRINCIPAL CIVIL
JUDGE AND J.M.F.C., K.R.NAGAR AND CONSEQUENTLY QUASH
THE CHARGE SHEET DATED 15.06.2020 REGISTERED AS
C.C.NO.332/2021 FILED BY THE RESPONDENT K.R.NAGAR
POLICE FOR THE OFFENCE P/U/S 341, 188 R/W 34 OF IPC AT
ANNEXURE-C ARISING OUT OF CR.NO.440/2019 BEFORE
SENIOR CIVIL JUDGE AND J.M.F.C., K.AR.NAGARA WHEREIN
THE PETITIONERS AR ARRAYED AS ACCUSED NO.1 TO 6, ETC.,
THIS PETITION, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC:13559
CRL.P No. 10002 of 2022
ORDER
This petition is filed by the petitioners-accused Nos.1 to 6
under Section 482 of Cr.P.C. to set aside the order dated
12.03.2021 of taking cognizance in CC No.332/2021 pending
on the file of Prl. Civil Judge and JMFC, K.R. Nagara arising out
of Cr. No.440/2019 of K.R. Nagara Police Station and to quash
the charge sheet dated 15.06.2020 for the offences punishable
under Sections under Sections 341, 188 r/w Section 34 of IPC.
2. Heard the learned counsel for petitioners and
learned HCGP for respondent No.1 - State.
3. The case of the prosecution is that on the suo-motu
complaint registered by the PSI, K.R. Nagara Police Station -
respondent No.2, alleging that there was a Curfew or
promulgation and Prohibitory Orders imposed under Section
144 of Cr.P.C. restricting the assembly of more than four
persons in the public road and these petitioners said to be in
violation of the promulgation gathered in front of the Mosque
and they prevented the traffic by protesting. Hence, suo-motu
complaint has been registered and after investigation the
charge sheet is also filed, which is under challenge.
NC: 2024:KHC:13559
4. The learned counsel for petitioners contend that
the alleged offence under Section 188 of IPC is non cognizable
offence and there is a bar under Section 195 of Cr.P.C. for
registering the FIR, except on the complaint to be filed under
Section 2(d) read with Section 200 of Cr.P.C., therefore, the
criminal proceedings is not sustainable under law. It is also
contended that Section 144 of Cr.P.C. - promulgation has to be
intimated to the public, which was not done and it is not made
known to them. Therefore, question of preventing the public or
traffic does not arises and assembly also cannot be considered
as unlawful assembly. Hence, he prayed to quash the same.
5. Per contra, learned HCGP objects the petition.
6. Having heard the arguments and on perusal of the
entire material on record, which reveals that the petitioners are
assembled on 20.12.2019 at about 2.10 a.m., in front of the
Mosque and said to be protested by violating the prohibitory
order under Section 144 of Cr.P.C. imposed by the Deputy
Commissioner, Mysore between 19.12.2019 till 21.12.2019. Of
course, the petitioners are arrayed as accused in the suo-motu
complaint and subsequent FIR filed by the Police.
NC: 2024:KHC:13559
7. As per Section 195 Cr.P.C., there is a bar for taking
cognizance by the Magistrate, except on the complaint filed by
the concerned authority as per Section 2(d) read with Section
200 of Cr.P.C. This Court in the case of Mahesh and others
vs. State and another in Crl.P.No.9153/2022 dated
23.01.2024, has taken the view that there is a bar under
Section 195 of Cr.P.C. for registering the FIR and filing the
charge sheet except on the complaint. This Court also while
passing the judgment in the case of Mahesh stated supra,
relied upon various judgments of this Court in the case of A.
Manju vs. State of Karnataka and another dated
17.02.2023, in the case of Fairoz Ulla Shariff @ Shariff and
others vs. State and another in W.P.No.5415/2022 and in
the case of Ravi and others vs. State in Crl.
P.No.2896/2022. Here in this case, the Police registered suo
motu FIR for the offence punishable under Section 188 of IPC
which is not permissible under the law which is a bar under
Section 195 of Cr.P.C. Therefore, conducting the criminal
proceedings is nothing but abuse of process of law and liable to
be quashed. Accordingly, the following:
NC: 2024:KHC:13559
ORDER
(i) The petition is allowed;
(ii) The order dated 12.03.2021 of taking
cognizance in C.C.No.332/2021 pending on the
file of Prl. Civil Judge and JMFC, K.R. Nagara
arising out of Cr. No.440/2019 of K.R. Nagara
Police Station, is set aside and the charge
sheet dated 15.06.2020 for the offences
punishable under Sections under Sections 341,
188 r/w Section 34 of IPC, is hereby quashed.
Sd/-
JUDGE
VK
GBB
