Karnataka High Court
Sri Imran Pasha vs The State Of Karnataka on 30 August, 2023
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2023:KHC:31159
CRL.P No. 4074 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 4074 OF 2022
BETWEEN:
1. SRI IMRAN PASHA
S/O ARIF PASHA
AGED ABOUT 40 YEARS
R/AT NO.45/2, 13TH CROSS
PADARAYANAPURA
BANGALORE-560 026.
2. SRI ARIF PASHA
S/O LATE JABBAR SHARIEFF
AGED ABOUT 63 YEARS
R/AT NO.18, 11TH 'A' CROSS
PADARAYANAPURA
BANGALORE-560 026.
...PETITIONERS
Digitally signed by B (BY SRI. V LAKSHMINARAYANA, SENIOR ADVOCATE FOR
K
MAHENDRAKUMAR SRI. L CHANDRA, ADVOCATE)
Location: High Court
of Karnataka AND:
1. THE STATE OF KARNATAKA
BY JJ NAGAR POLICE STATION
REP. BY SPP, HIGH COURT OF KARNATAKA
BANGALORE-560 001.
2. SRI SATISH V
POLICE SUB INSPECTOR
JJ NAGAR POLICE STATION
BANGALORE
...RESPONDENTS
(BY SMT. M M WAHEEDA, HCGP FOR R-1;
R-2 SERVED BUT UNREPRESENTED)
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NC: 2023:KHC:31159
CRL.P No. 4074 of 2022
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE
CHARGE SHEET IN C.C.NO.13112/2020 FILED BY THE Ist
RESPONDENT AT ANNEXURE-C AND CONSEQUENTLY QUASH ALL
FURTHER PROCEEDINGS IN C.C.NO.13112/2020 FOR THE ALLEGED
OFFENCE P/U/S.143,145,353,152,153,270,290 R/W SEC.149 OF IPC
PENDING ON THE FILE OF THE XXXVII TH ADDITIONAL CHIEF
METROPOLITAN MAGISTRATE COURT, BENGALURU ARSISING OUT
OF CR.NO.86/2020 IN SO FAR AS THE PETITIONER THAT IS
ACCUSED NO.1 AND 4 IS CONCERN.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
The petitioners - accused Nos.1 and 4 are sought to be prosecuted for the offences punishable under Sections 143, 145, 149, 152, 270, 290, 353 of IPC.
2. The case of the prosecution is that on 7.6.2020, one Imran Pasha was discharged from the hospital, and sent to home quarantine, and at 3.00 p.m, the said Imran Pasha and his brothers and followers numbering 30 to 40 in their two wheelers and cars were standing near RajKumar Statue within the jurisdiction of JJ Nagar Police Station, and they were celebrating the discharge of Imran Pasha, and at that juncture, the Assistant Commissioner of Police, Kengeri Gate and other staff members informed him that, he has been sent to house quarantine, and therefore he should not celebrate or take procession, which may result in spreading of Covid-19. In spite of the same, Imran Pasha disobeyed the direction of the -3- NC: 2023:KHC:31159 CRL.P No. 4074 of 2022 complainant and the ACP and he carried out the procession. When the complainant and the ACP informed the people, who had gathered there, to disperse, Imran Pasha and his brothers along with his followers encouraged the public to raise slogans.
3. The cognizance taken of the aforesaid offences is impugned in this petition.
4. Sri V Lakshminarayana, learned Senior counsel would make the following submissions:
a) In the absence of any use of criminal force to restrain the complainant and other personnel staff from proceeding further, the continuation of criminal proceeding for the offence punishable under Section 353 of IPC is impermissible.
b) In the absence of any material that the petitioners herein were tested with Covid-19, the continuation of criminal proceeding under Section 270 of IPC is also impermissible.
c) Mere forming an unlawful assembly without an intention to commit the offences does not constitute the offences under Sections 143, 145, 149 of IPC.
5. The learned High Court Government Pleader for the respondent - State submits that the charge sheet material discloses that the petitioners by forming an unlawful assembly -4- NC: 2023:KHC:31159 CRL.P No. 4074 of 2022 and by restraining the public servant from discharging their official duties have committed the aforesaid offences. The learned Magistrate has rightly taken cognizance of the aforesaid offences and the same does not warrant any interference.
6. Considered the submissions of the learned counsel for the parties.
7. Even accepting the allegation made against the petitioners herein, there is no material that the Petitioners used criminal force or assaulted the public servants restraining them from discharging their duties. The essential elements to constitute the offence under Section 353 of IPC are conspicuously absent.
8. To constitute the offence under Section 270 of IPC, a person must have acted negligently, which has reason to believe to be likely to spread the infection of any disease dangerous to life. In the instant case, charge sheet does not contain any material that these petitioners were tested with Covid-19 so as to infect any disease dangerous to life. Therefore, the essential elements to constitute the offence under Section 270 of IPC is conspicuously absent.
9. Section 290 of IPC deals with punishment for causing public nuisance in cases not otherwise punishable by this Code shall be punished with fine which may extend to two hundred rupees.
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10. Section 268 defines the term `public nuisance' and specifies that a person is guilty of a public nuisance, who does any act, or is guilty of an illegal omission, which causes any common injury, danger, or annoyance to the public or to the people in general who dwell or occupy property in the vicinity.
11. In the instant case, there is no allegation that the petitioners herein acted or omitted to do any act resulting in causing any injury, danger, or annoyance to the public.
12. Therefore, in the absence of any essential elements so as to constitute the offences alleged against the petitioners herein, the continuation of criminal proceedings will be an abuse of process of law. Accordingly, I pass the following:
ORDER
i) Criminal petition is allowed.
ii) The criminal proceeding in CC No.13112/2020 pending on the file of the learned XXXVII Additional Chief Metropolitan Magistrate Court, Bengaluru, insofar as it relates to the petitioners - accused Nos.1 and 4 is hereby quashed.
Sd/-
JUDGE BKM