Karnataka High Court
Hanamanth And Ors vs The State Of Karnataka on 16 November, 2023
Author: K Natarajan
Bench: K Natarajan
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NC: 2023:KHC-K:8655
CRL.P No. 200755 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 16TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE K NATARAJAN
CRIMINAL PETITION NO. 200755 OF 2023
BETWEEN:
1. SRI. HANAMANTH
AGED ABOUT 46 YEARS,
OCCUPATION: AGRICULTURE,
R/O MALLABAD, TALUK AFJALPUR,
DISTRICT KALABURAGI.
2. SRI. YALLAPPA
S/O BHUTALI PUJARI,
AGED ABOUT 36 YEARS,
OCCUPATION: COOLIE,
R/O MALLABAD, TALUK AFJALPUR,
DISTRICT KALABURAGI.
Digitally 3. SRI. BASAPPA @ BASAVARAJ
signed by B S/O MALLAPPA PUJARI,
NAGAVENI
AGED ABOUT 26 YEARS,
Location:
High Court OCCUPATION: AGRICULTURE,
Of R/O MALLABAD, TALUK AFJALPUR,
Karnataka DISTRICT KALABURAGI.
4. SRI. SIDDAPPA
S/O MALLAPPA PUJARI,
AGED ABOUT 46 YEARS,
OCCUPATION: AGRICULTURE,
R/O MALLABAD, TALUK AFJALPUR,
DISTRICT KALABURAGI.
...PETITIONERS
(BY SRI. PRADEEP KUMAR, ADVOCATE FOR
SRI. B. BHIMASHANKAR, ADVOCATE)
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NC: 2023:KHC-K:8655
CRL.P No. 200755 of 2023
AND:
THE STATE OF KARNATAKA
THROUGH AFJALPUR,
POLICE STATION AFJALPUR,
TALUK AFJALPUR, DISTRICT KALABURAGI,
ADDL. SPECIAL PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
KALABURAGI - 585 102.
...RESPONDENT
(BY SMT. ANITA M. REDDY, HCGP)
THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING TO
QUASH THE FIR, FINAL REPORT AND ITS CONSEQUENT
PROCEEDINGS OF C.C.NO.1656/2022 (ARISEN FROM CRIME
NO.0221/2022) REGISTERED BY THE AFJALPUR POLICE
STATION AFJALPUR TQ. AFJAPUR DIST. KALABURAGI FOR THE
ALLEGED OFFENCE UNDER SECTION 176 INDIAN PENAL CODE
1860 PENDING ON THE FILE OF THE LEARNED CIVIL JUDGE
AND JMFC AT AFJALPUR IN THE INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by petitioner-accused Nos.1 to 4 under Section 482 of Cr.P.C. for quashing the criminal proceedings in C.C. No.1656/2022 arising out of Crime No.221/2022 registered by Afzalpur police, Kalaburagi District, now pending on the file of Civil Judge and JMFC, Afzalpur, for the offence punishable under Section 176 of IPC. -3-
NC: 2023:KHC-K:8655 CRL.P No. 200755 of 2023
2. Heard the learned counsel appearing for the petitioners and learned counsel for the respondent.
3. The case of petitioners is that the respondent-police received the suo moto complaint against the petitioners for the above said offence alleging that there was a complaint in crime No.70/2022 registered for the offences punishable under Sections 279, 338 and 304-A of IPC. A pillion rider was died in the road accident on 02.09.2022, but without bringing to the notice of the investigation officer, they suppressed the fact of death and cremated the dead body, thereby, the accused persons committed the offence punishable under Section 176 of IPC. Hence, the complaint was filed, the police registered FIR and ultimately, filed charge sheet, which is under challenge.
4. The learned counsel for the petitioners has mainly contended that there is a bar for taking cognizance on the police report. The complainant is required to file a private complaint before the Magistrate, otherwise, no Court can take cognizance in view of Section 195 of Cr.P.C. Hence, prayed for quashing the proceedings and allowing the petition. -4-
NC: 2023:KHC-K:8655 CRL.P No. 200755 of 2023
5. Per contra, learned High Court Government Pleader objected the petition.
6. Having heard the arguments of learned counsel for the parties, perused the records.
7. On perusal of the records, of course, the police obtained permission from the Magistrate and thereafter, registered the FIR and then, filed the charge sheet. But as per Section 195 of Cr.P.C., no Court can take the cognizance for the offences under Sections 172 to 188 of Cr.P.C. without filing complaint in writing to the Magistrate or Court.
8. Section 195 of Cr.P.C. is read as under:
195. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence.
(1) No Court shall take cognizance-
(a) (i) of any offence punishable under sections 172 to 188 (both inclusive) of the Indian Penal Code (45 of 1860 ), or
(ii) of any abetment of, or attempt to commit, such offence, or -5- NC: 2023:KHC-K:8655 CRL.P No. 200755 of 2023
(iii) of any criminal conspiracy to commit such offence, except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate;
(b) (i) of any offence punishable under any of the following sections of the Indian Penal Code (45 of 1860 ), namely, sections 193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive) and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any Court, or
(ii) of any offence described in section 463, or punishable under section 471, section 475 or section 476, of the said Code, when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any Court, or
(iii) of any criminal conspiracy to commit, or attempt to commit, or the abetment of, any offence specified in sub- clause (i) or sub- clause
(ii), except on the complaint in writing of that Court, or of some other Court to which that Court is subordinate.
2. xxxx
3. xxxx
4. xxxx -6- NC: 2023:KHC-K:8655 CRL.P No. 200755 of 2023
9. Therefore, it reveals that no police can register FIR for the offence punishable under Section 176 of IPC. Such being the case, the investigation officer could not have registered the FIR and filed charge sheet. In view of Section 195 of Cr.P.C., there is a bar for taking cognizance for the offence punishable under Section 176 of IPC. In this case, the trial Court granting permission and registering the FIR and filing the charge sheet for non cognizable offence and without filling complaint to the Magistrate under Section 200 of Cr.P.C., the police report cannot be sustainable.
10. Therefore, the following order is passed:
(i) The petition is allowed.
(ii) The criminal proceedings in C.C. No.1656/2022
arising out of Crime No.221/2022 registered by Afzalpur police, Kalaburagi District, now pending on the file of Civil Judge and JMFC, Afzalpur, for the offence punishable under Section 176 of IPC, is hereby quashed.
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JUDGE CS List No.: 1 Sl No.: 19 CT:SK