Karnataka High Court
Hipsur Rehaman Sharif vs State By Hunsur Town Police Station on 18 March, 2024
Author: K.Natarajan
Bench: K.Natarajan
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NC: 2024:KHC:11115
CRL.P No. 5240 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 5240 OF 2022
BETWEEN:
HIPSUR REHAMAN SHARIF
@ HIFZU REHAMAN SHARIF
S/O ILYAZ SHARIFF,
AGED ABOUT 44 YEARS,
R/AT NO.148, SHABBIR NAGARA,
HUNSUR CITY, MYSORE DISTRICT - 571 105.
...PETITIONER
(BY SRI. SRIYUTHS CHAND PASHA, ADVOCATE AND
SRI. SADDAM R MULLA, ADVOCATE FOR
SRI. MOHAMMED TAHIR, ADVOCATE)
AND:
1. STATE BY HUNSUR TOWN POLICE STATION
REPRESENTED BY HIGH COURT,
GOVERNMENT PLEADER,
OFFICE AT HIGH COURT COMPLEX,
Digitally signed by OPP TO VIDHANA SOUDHA, BANGALORE - 560 001.
VEDAVATHI A K
Location: High 2. SHANMUGAM. M
Court of Karnataka
AGED ABOUT 33 YEARS,
POLICE SUB-INSPECTOR,
HUNSUR TOWN POLICE STATION,
HUNSUR CITY, MYSORE DISTRICT - 571 105.
...RESPONDENTS
(BY SMT. ANITHA GIRISH N., HCGP FOR R1)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.
PRAYING TO SET ASIDE THE COGNIZANCE ORDER DATED
03.04.2018 AT ANNEXURE-D AND CONSEQUENTLY QUASH THE
ANNEXURE C i.e CHARGE SHEET DATED FILED IN
CR.NO.315/2017, REGISTERED WITH THE RESPONDENT
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NC: 2024:KHC:11115
CRL.P No. 5240 of 2022
POLICE STATION, I.E HUNSUR TOWN P.S., AND THE SAME IS
PENDING AS C.C.NO.132/2018 HONBLE PRL.CIVIL JUDGE
(SR.DN) AND C.J.M COURT HUNSUR, MYSORE CITY FOR THE
OFFENCE P/U/S 143, 341 R/W 149 OF IPC AND SEC.31, 107 OF
KARNATAKA POLICE ACT, WHEREIN THESE PETITIONERS ARE
ARRAIGNED AS ACCUSED NO.02.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by petitioner-accused No.2 under Section 482 of Cr.P.C. for quashing criminal proceedings in C.C. No.132/2018 pending on the file of Civil Judge (Sr. Dn.) and CJM Court, Hunsur, Mysuru City, arising out of Crime No.315/2017 registered by Hunsur Town Police Station, Bengaluru, and charge sheeted for the offence punishable under Sections 143, 341 read with Section 149 of IPC and Sections 31 and 107 of Karnataka Police Act (for short 'KP Act').
2. Heard the learned counsel appearing for the petitioner, learned High Court Government Pleader for respondent No.1.
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NC: 2024:KHC:11115 CRL.P No. 5240 of 2022
3. The case of prosecution is that suo moto complaint has been registered by the Hunsur town police on 25.08.2017 alleging that the petitioner and others said to be gathered on a road in order to protest human chain, without any permit. Hence, the complaint came to be filed.
4. After investigation, charge sheet came to be filed and notice came to be issued under Section 41 A of Cr.P.C. Feeling aggrieved by the charge sheet, the petitioner is before this Court.
5. Learned counsel for the petitioner has contended that the offence under the provisions of KP Act is not the cognizable offence. Sections 143 and 149 of IPC is invoked by the police though the petitioner had not having common object to commit any offence. The petitioner was said to be silently protesting in respect of killing of a person in the North India to attract the attention of authorities and he has not committed any offence. There are no independent witnesses. Therefore, prayed for quashing the proceedings. In support of his arguments, he has relied upon the judgment of Co-ordinate Bench of this Court in -4- NC: 2024:KHC:11115 CRL.P No. 5240 of 2022 the case of MOHAMMED TAFSEEF AND OTHERS VS. STATE AN ANOTHER in Criminal Petition No.3916/2018 decided on 17.02.2020.
6. Per contra, learned High Court Government Pleader has objected the petition and contended that the petitioner and other were protesting, without any permission and objected traffic rules. There are two eye witnesses to the incident and the petitioner has to face the trial. Hence, prayed to dismiss the petition.
7. Having heard the learned counsel appearing for the parties, perused the records.
8. On perusal of the records, the police have not invoked any provision except Sections 31 and 107 of KP Act. Sections 341 and 143 of IPC have been invoked for preventing from proceeding further and assembling in the group.
9. The Co-ordinate Bench of this Court in the aforesaid judgment has allowed the petition holding that Section 141 of -5- NC: 2024:KHC:11115 CRL.P No. 5240 of 2022 IPC shall be considered when there is common object for assemble of more than five persons to commit offence. There is no offence made out in the charge sheet or in the suo moto complaint. There is no CCTV camera footage produced by the police to show that the petitioner has committed the offence or agitated. There is no independent witnesses to say that the traffic was obstructed by the petitioner. No material has been produced to say that there was unlawful assembly as prescribed under Section 141 of IPC. Therefore, continuing the proceedings against the petitioner is abuse of process of law and it is liable to be quashed.
10. Accordingly, the criminal petition is allowed. The criminal proceedings in C.C. No.132/2018 pending on the file of Civil Judge (Sr. Dn.) and CJM Court, Hunsur, Mysuru City, arising out of Crime No.315/2017 registered by Hunsur Town Police Station, Bengaluru, is hereby quashed.
Sd/-
JUDGE CS List No.: 1 Sl No.: 37 CT:SK