Karnataka High Court
Basavaraj Jabshetty vs Police Sub Inspector on 28 July, 2023
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2023:KHC:26630
CRL.P No. 5053 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 5053 OF 2023
BETWEEN:
1. BASAVARAJ JABSHETTY
S/O NAGAPPA JABSHETTY
AGE: 69 YEARS,
OCC: SOCIAL WORKER
R/O: 8-9-264/1, GURU NAGAR COLONY,
BIDAR - 585401
2. VIJAY SINGH S/O DHARAM SINGH
AGE : 51 YEARS
OCC: EX-MLC
R/O: GURUNANAK COLONY, BIDAR
DIST: 585401
3. AMRUTRAO CHIMKODE
S/O ZAREPPA
Digitally signed by
PADMAVATHI B K AGE: 67 YEARS
Location: HIGH OCC: AGRICULTURE
COURT OF R/O: 180, CHIMKOD
KARNATAKA DIST: BIDAR - 585402
4. PANDIT CHIDRI S/O MALLAPPA CHIDRI
AGE: 60 YEARS
OCC: SOCIAL WORKER
R/O: 18-2-375, CHIDRI ROAD
NEAR AIR FORCE SCHOOL
RAMNAGAR COLONY
BIDAR - 585 403
...PETITIONERS
(BY SRI. AVINASH A. UPLOANKAR, ADVOCATE)
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NC: 2023:KHC:26630
CRL.P No. 5053 of 2023
AND:
POLICE SUB-INSPECTOR
BEHALF OF STATE
NUTAN NAGAR POLICE STATION
DIST: BIDAR,
NOW REPRESENTED BY ADDL. SPP.
HIGH COURT OF KARNATAKA
AT KALABURAGI BENCH - 585107.
...RESPONDENT
(BY SRI. MAHESH SHETTY, HCGP)
THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING TO
EXERCISE THE INHERENT POWERS U/SEC. 482 CR.P.C.
EXAMINE THE RECORDS AND QUASH THE PROCEEDINGS IN
CC.NO.3500/2022 PENDING BEFORE II ADDL. CIVIL JUDGE
AND JMFC COURT AT BIDAR, FOR THE OFFENCE PUNISHABLE
U/SEC. 188 OF IPC AND SEC. 51(B) OF NATIONAL DISASTER
MANAGEMENT ACT, 2005, AGAINST THE PETITIONERS, IN THE
INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The petitioners are before this Court calling in question the proceedings in C.C.No.3500/2022, registered for offences punishable under Section 188 of IPC and Section 51(B) of National Disaster Management Act, 2005.
2. Heard Sri. Avinash A. Uploankar, learned counsel appearing for the petitioners and Sri.Mahesh Shetty, learned -3- NC: 2023:KHC:26630 CRL.P No. 5053 of 2023 HCGP for the respondent and have perused the material on record.
3. A complaint comes to be registered on 14.06.2021 against the petitioners and others alleging offences punishable under Section 188 of IPC and Section 51(B) of National Disaster Management Act, 2005. The concerned Court in terms of its order dated 16.06.2021 takes cognizance of the offences as afore-quoted. It is taking of the cognizance of the offences so quoted the petitioners are before this Court in the subject petition.
4. Learned counsel appearing for the petitioners would submit that for an offence to become punishable under Section 188 of the IPC, it should be in compliance with Section 195 of the Cr.P.C.
5. The complainant in the case at hand is the Police Sub-inspector of the Jurisdictional Police and on such complaint, cognizance for offence under Section 188 of IPC could not have been taken in the teeth of Section 195 of Cr.P.C. Therefore, on this solitary ground that a complaint is registered by the Police Sub-inspector and not by the -4- NC: 2023:KHC:26630 CRL.P No. 5053 of 2023 competent Authority, who had issued certain orders that would become ingredients of Section 188 of the IPC, the allegation and the consequent taking of cognizance would tumble down.
6. For the aforesaid reasons, the following:
ORDER i. Criminal Petition is allowed.
ii. Proceedings in C.C.No.3500/2022, pending before the II Additional Civil Judge and JMFC Court at Bidar, stand quashed.
Sd/-
JUDGE KG List No.: 1 Sl No.: 28