Karnataka High Court
Ms. Mangala vs The State Of Karnataka And Anr on 14 June, 2023
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2023:KHC-K:1064
CRL.P.No.200397 of 2022
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 14TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO.200397 OF 2022
BETWEEN:
MS. MANGALA
PANCHAYATH DEVELOPMENT OFFICER (PDO)
D/O: SHIVAM KAMBLE,
AGE: 37 YEARS,
R/A CHIKPET VILLAGE,
GURUNANAK ZIRA, BIDAR TALUK 585402
...PETITIONER
(BY SRI. REVANARADHYA C. HIREMATH AND
BY SRI. NITIN A.M. ADVOCATES)
Digitally signed by
KHAJAAMEEN L
AND:
MALAGHAN
Location: HIGH COURT
OF KARNATAKA 1. THE STATE OF KARNATAKA
BY ADDL. STATE PUBLIC PROSECUTOR,
BY MARKET POLICE STATION,
BIDAR 585401
2. SRI.T. SHREEDHAR
OFFICE OF SUPERINTENDENT OF POLICE,
OPPOSITE POLICE KALYAN MANTAP
MANGALPET, BIDAR 585401
...RESPONDENTS
(BY SRI. GURURAJ V. HASILKAR, HCGP)
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CRL.P.No.200397 of 2022
THE CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C. PRAYING TO A) TO QUASH THE ENTIRE
PROCEEDINGS INITIATED BY RESPONDENT POLICE IN
CR.NO.13/2019 MARKET POLICE STATION BIDAR FOR THE
OFFENCES UNDER SECTIONS 186, 504, 506 AND 507 OF THE
INDIAN PENAL CODE IN THE COURT OF THE II ADDL. JMFC
COURT, BIDAR INSOFAR AS THE PETITIONERS IS
CONCERNED I.E., (ANNEXURE -A). B) TO QUASH THE ENTIRE
PROCEEDINGS INITIATED BY RESPONDENT POLICE IN
C.C.NO.583/2020 FOR THE OFFENCES UNDER SECTION 186,
504, 506 AND 507 OF THE INDIAN PENAL CODE IN THE II
ADDL. JMFC COURT, BIDAR I.E., (ANNEXURE -C) AND ETC.,
THIS PETITION, COMING ON FOR ADMISSION, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition under Section 482 of Cr.P.C. is filed by the petitioner - accused challenging the proceedings in C.C.No.583/2020 on the file of the II Additional JMFC Court, Bidar, for the offences punishable under Sections 186, 504, 506 and 507 of IPC.
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02. The summary of the charge-sheet is that, the accused herein had called the Superintendent of Police, Bidar on his mobile phone and without disclosing her identity, abused him in filthy language. Thus, obstructed the Superintendent of Police, Bidar, from discharging his public functions. The police laid the charge-sheet before the learned Magistrate.
03. The learned Magistrate after accepting the charge-sheet took the cognizance of the aforesaid offences and issued summons. Taking exception of the same, this petition is filed.
04. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent - State.
05. Section 186 of IPC specifies that any person obstructing any public servant in discharge of his public functions, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.
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06. Section 195 of Cr.P.C. deals with the prosecution for contempt of lawful authority of public servants. It specifies that no court shall take cognizance of any such offence punishable under Sections 172 to 188 (both inclusive) of the Indian Penal Code (45 of 1860), except on the complaint in writing of that Court, or by such officer of the Court, as that Court, may authorize in writing in this behalf.
07. In other words, the learned Magistrate can take cognizance of the offence punishable under Section 186 of IPC, only on a complaint in writing of that Court or by such officer of the Court.
08. In the instance case, the learned Magistrate has taken cognizance for the offence punishable under Section 186 of IPC, on the basis of final report filed by the police. Hence, the cognizance of the offence punishable under Section 186 of IPC, on the basis of final report, stands vitiated.
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09. The offences punishable under Sections 504, 506 and 507 of IPC are non-cognizable and investigation of the aforesaid offences, was conducted without obtaining an order as specified under Section 155 (2) of Cr.P.C. Hence, continuation of criminal proceedings against the petitioner will be abuse of process of law. Accordingly, I pass the following;
ORDER I. The Criminal Petition is allowed. II. The impugned proceedings in C.C.No.583/2020 on the file of the II Additional JMFC Court, Bidar, is hereby quashed.
In view disposal of main petition, the pending I.As. if any do not survive for consideration and hence, they are disposed of.
Sd/-
JUDGE KJJ List No.: 1 Sl No.: 33