Karnataka High Court
Akbar S/O Abdul Mazid vs State Of Karnataka on 10 February, 2025
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2025:KHC-D:2562
CRL.P No. 101295 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 10TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 101295 OF 2024 (482(Cr.PC)/528(BNSS))
BETWEEN:
1. AKBAR S/O. ABDUL MAZID
AGE. 53 YEARS,
R/O. GADANG STREET,
RADIO PARK, COWL BAZAR,
BALLARI-583102.
2. IQBAL S/O. ABDUL MAZID
AGE. 52 YEARS,
R/O. GADANG STREET
RADIO PARK, COWL BAZAR,
BALLARI-583102.
3. ABUSALEEH S/O. HAZARATH
AGE. 26 YEARS, OCC. CONTRACTOR,
R/O. GADANG STREET, RADIO PARK,
COWL BAZAR, BALLARI-583102.
4. SADIQ ALI S/O. ABDULLA
Digitally signed by B AGE. 28 YEARS, OCC. CONTRACTOR,
K
MAHENDRAKUMAR R/O. GADANG STREET, RADIOR PARK,
Location: HIGH
COURT OF
KARNATAKA
COWL BAZAR, BALLARI-583102.
DHARWAD BENCH
Date: 2025.02.13
11:17:43 +0530
5. JAFFAR ALI C K S/O. RAHAMAN
AGE. 29 YEARS, OCC. NEAR GOLBODI,
ASHRAYA COLONY, COWL BAZAR,
BALLARI-583102.
6. ARAVINDA S/O. SATISH KUMAR
AGE. 30 YEARS, RADIO PARK,
COWL BAZAR, BALLARI-583102.
7. TARUN S/O. JOHNY
AGE. 23 YEARS, RADIO PARK,
COWL BAZAR, BALLARI-583102.
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CRL.P No. 101295 of 2024
8. NAGARAJ S/O. MALLAPPA
AGE. 44 YEARS, OCC. DRIVER AUTORIKSHA,
R/O. # 186, W.NO.26, KORACHA STREET,
COWL BAZAR, BALLARI-583102.
9. JEELAN S/O. VALI @ CARPAINTER VALI
AGE. 36 YEARS,
R/O. OPP. MOHAMMADIYA SCHOOL,
NALA STREET, COWL BAZAR,
BALLARI-583102.
...PETITIONERS
(BY SRI. A.VEERANNA, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY COWL BAZAR P S, BALLARI,
REP. BY THE STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING, DHARWAD-01.
2. SHASHIKUMAR G
R.S.I.DAR, CENTRAL OFFICE,
BALLARI-583101, REP.BY
THE STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING, DHARWAD-01.
...RESPONDENTS
(BY SRI. T.HANUMAREDDY, AGA)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO, QUASH THE ENTIRE PROCEEDINGS PURSUANT TO
FIR, COMPLAINT AND CHARGE SHEET IN COWL BAZAR P.S.
BALLARI, VIDE CRIME NO.70/2021 AND PENDING ON THE FILE OF II
ADDL.CIVIL JUDGE AND JMFC COURT, BALLARI IN CC NO.31/2022
FOR THE OFFENCES PUNISHABLE U/S 160, 188 OF IPC AND U/S
5(1), 5(4) OF THE KARNATAKA EPIDMIC DISEASES ACT 2020, IN SO
FOR AS PETITIONERS/ACCUSED NO. 1 TO 9 ARE CONCERNED.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
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CRL.P No. 101295 of 2024
ORAL ORDER
1. The learned Additional Government Advocate accepts notice on behalf of Respondent No.1/State.
2. The petitioners (Accused Nos.1 to 9), who are facing trial for offenses punishable under Sections 160 and 188 of the Indian Penal Code (IPC), read with Sections 5(1) and 5(4) of the Karnataka Epidemic Diseases Act, 2020, have approached this Court seeking appropriate relief.
3. The prosecution alleges that on 27.04.2021, during the COVID-19 pandemic, the accused persons, in violation of the Standard Operating Procedure (SOP), formed an unlawful assembly and engaged in a quarrel and physical altercation in a public place, thereby violating pandemic-related restrictions.
4. Heard the learned counsel for the petitioners and the learned Additional Government Advocate for the respondent/State.
5. Section 160 of the IPC prescribes punishment for committing affray. The term "affray" is defined under Section 159 of the IPC, which states that when two or more persons fight in a public place and disturb public peace, they are said to "commit an affray."
6. The offenses punishable under Sections 160 and 188 of the IPC are non-cognizable. As per Section 155(2) of the Code of Criminal Procedure, 1973 (Cr.P.C.), police officials are mandated to obtain prior permission from the Magistrate before conducting an investigation into non-cognizable offenses. However, in the present case, the police proceeded with the investigation without obtaining the necessary prior sanction from the Magistrate, as required under Section 155(2) of Cr.P.C. Consequently, the investigation, and the subsequent -4- NC: 2025:KHC-D:2562 CRL.P No. 101295 of 2024 cognizance taken of the offenses, are vitiated due to non-compliance with the mandatory procedural requirements.
7. Furthermore, there is no material on record to substantiate that the petitioners were infected with the corona virus at the relevant time. Additionally, there is no allegation that the petitioners obstructed any officer or public servant while they were acting or purporting to act in the discharge of their duties under Section 4 of the Karnataka Epidemic Diseases Act, 2020. As a result, the essential elements necessary to constitute an offense under Sections 5(1) and 5(4) of the Karnataka Epidemic Diseases Act, 2020, are conspicuously absent.
8. In such circumstances, continuing the criminal proceedings against the petitioners would amount to an abuse of the process of law.
9. Accordingly, the petition is allowed. The impugned proceedings in C.C. No. 31/2022, pending before the learned II Additional Civil Judge and JMFC, Ballari, are hereby quashed.
10. All pending applications, if any, stand disposed of as not surviving for consideration.
Ordered accordingly.
Sd/-
(HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh List No.: 1 Sl No.: 43