Karnataka High Court
Rafiq @ Sannu @ Babu vs State Of Karnataka on 1 July, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:24373
CRL.P No. 5876 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 5876 OF 2024
BETWEEN:
RAFIQ @ SANNU @ BABU
S/O HASNA SAB
AGED ABOUT 43 YEARS
R/AT 2ND STAGE, BEHIND UNITY HALL
RML NAGARA, SHIVAMOGGA TOWN
SHIVAMOGGA, KARNATAKA.
...PETITIONER
(BY SRI. SANDESH SHETTY T., ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY SHIVAMOGGA
CEN POLICE STATION
Digitally signed
by NAGAVENI REPRESENTED BY SPP
Location: HIGH HIGH COURT OF KARNATAKA
COURT OF
KARNATAKA BENGALURU - 560 001.
2. DEEPAK M. S.,
AGED ABOUT 45 YEARS
POLICE INSPECTOR
CEN CRIME POLICE STATION
SHIVAMOGGA
SHIVAMOGGA - 574 118.
...RESPONDENTS
(BY SRI. ASMA KOUSER, ADDL. SPP FOR R1)
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NC: 2024:KHC:24373
CRL.P No. 5876 of 2024
THIS CRL.P IS FILED U/S 482 OF THE CR.P.C., PRAYING
TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.1366/2022
PENDING IN THE COURT OF THE PRL. CIVIL JUDGE (SR.DN.)
AND CJM SHIMOGA DIST., IN CR.NO.81/2022 REGISTERED BY
THE SHIVMOGGA CEN CRIME P.S., AS AGAINST THE
PETITIONER FOR OFFENCE P/U/S 78(III) OF THE K.P. ACT,
2021 IN SO FAR AS THIS PETITIONER IS CONCERNED.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Petitioner in this petition calls in question proceedings in
C.C.No.1366/2022, pending before the Principal Civil Judge (Sr.
Dn.) and CJM, Shimoga District, registered for offence
punishable under Section 78(3) of the Karnataka Police
(Amendment), Act, 2021 (for short 'the Act').
2. Heard Sri Sandesh Shetty T., learned counsel
appearing for the petitioner and Smt. Asma Kouser, learned
Additional State Public Prosecutor for respondent No.1 - State.
3. Facts in brief, germane, are as follows:
The case as projected by the prosecution is that, on
05.11.2023, in the evening at 01.05 p.m., respondent No.2 -
Police Inspector of CEN Crime Police Station - complainant
NC: 2024:KHC:24373
receives a information that accused No.1 was playing Osi-
matka, at Ayyappa Swamy Temple River Bund, in Ramanna
Shetty Park, Shivamogga Town and also collecting money from
the public. On the said incident, a crime was registered for the
offence punishable under Section 78(3) of the Act.
4. The issue lies in a narrow compass. The Karnataka
Police (Amendment) Act, 2021 made certain offences
cognizable. Section 78(3) of the Act was one of them and
therefore, the FIR could not be registered without following the
procedure stipulated under Section 155 of the Cr.P.C. The said
amendment was called in question before the Division Bench in
W.P.No.18703/2021 and connected cases. Those amendments
were struck down by the Division Bench in terms of its order
dated 14.02.2022 to be unconstitutional. The judgment was
rendered on 14.02.2022 and the subject FIR is registered on
05.11.2022. Therefore, the FIR being registered under the
amending Act of 2021, which had already been declared to be
unconstitutional, is rendered unsustainable and therefore, the
petition deserves to be allowed.
NC: 2024:KHC:24373
5. For the aforesaid reasons, the following:
ORDER
(i) The Criminal Petition is allowed.
(ii) The proceedings in C.C.No.1366/2022, pending
before the Principal Civil Judge (Sr. Dn.) and CJM,
Shimoga District, stand quashed.
Pending I.A.No.1/2024 is disposed, as a consequence.
Sd/-
JUDGE
NVJ
CT:SS
