Karnataka High Court
Ranjit Kumar Chaudhuri vs State Of Karnataka on 7 November, 2023
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2023:KHC:39670
CRL.P No. 2139 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 2139 OF 2022
BETWEEN:
1. RANJIT KUMAR CHAUDHURI,
S/O LATE PRABIR KUMAR CHAUDHURI,
AGED ABOUT 76 YEARS,
R/AT JATTI DWARAKAMAI LAYOUT,
ECC ROAD, WHITE FIELD,
BENGALURU CITY,
BENGALURU - 560 066.
2. REKHA (BHOWMIK) CHAUDHARI,
W/O RANJIT KUMAR CHAUDHURI,
AGED ABOUT 72 YEARS,
R/AT JATTI DWARAKAMAI LAYOUT,
ECC ROAD, WHITE FIELD,
BENGALURU CITY,
Digitally signed by B
K
BENGALURU - 560 066.
MAHENDRAKUMAR
Location: HIGH ...PETITIONERS
COURT OF
KARNATAKA
(BY SRI. SHIVAKUMAR N., ADVOCATE)
AND:
1. STATE OF KARNATAKA,
BY WHITE FIELD POLICE STATION,
REPRESENTED BY GOVT. PLEADER,
HIGH COURT OF KARNATAKA,
DR. AMBEDKAR STREET,
BENGALURU - 560 001.
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NC: 2023:KHC:39670
CRL.P No. 2139 of 2022
2. KEMPAMMA, A S I,
WHITE FIELD POLICE STATION,
BENGALURU CITY,
BENGALURU - 560 066.
...RESPONDENTS
(BY SRI.VENKATSATHYANARAYAN A., HCGP FOR R1 AND R2)
THIS CRL.P. IS FILED U/S.482 OF CR.P.C., PRAYING TO
QUASH ALL THE CRIMINAL PROCEEDINGS PENDING AGAINST
THE PETITIONER HEREIN IN C.C.NO.7374/2018 ON THE FILE
OF THE I ADDITIONAL CHIEF JUDICIAL MAGISTRATE,
BENGALURU RURAL COURT AT BENGALURU FOR THE OFFENCE
P/U/S.160 OF IPC.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The petitioners/accused Nos.8 and 9 are sought to be prosecuted for the offence punishable under Section 160 of IPC.
2. The case of the prosecution is that, accused Nos.1 to 10 by forming one group and accused Nos.11 to 16 forming a rival group on 18.03.2018 in front of Villa No.10 were quarreling with each other and abusing each other. Thus, disturbing the public peace.
3. Learned counsel for the petitioner submits that the essential element to constitute the commission of offence under Section 160 of IPC is conspicuously absent since the charge sheet material does not contain any statement of member of -3- NC: 2023:KHC:39670 CRL.P No. 2139 of 2022 the public stating that the public peace has been disturbed in view of fighting between the rival group in a public place. Therefore, continuation of the criminal proceedings will be an abuse of process of law.
4. Learned HCGP for respondent-State submits that the petitioner along with other accused were fighting in a public place which constitutes an offence under Section 160 of IPC, and the learned Magistrate has rightly taken cognizance of the aforesaid offence, and the same does not warrant interference.
5. Considered the submissions made by the learned counsels for the parties.
6. Section 159 of IPC states that when two or more persons, by fighting in a public place, disturbs the public peace, they are said to commit an affray. Section 160 IPC deals with punishment for the commission of affray.
7. To constitute an offence under Section 159 of IPC fighting in a public place should have resulted in disturbing public peace. In the instant case, the police during the course of investigation have not recorded any statement of the member of the public to substantiate that in view of the fighting that had taken place has resulted in disturbing of public peace. Therefore, in the absence of any essential element to constitute commission of offence under Section 160 IPC, the continuation of criminal proceedings, will be an abuse of process of law. Accordingly, I pass the following:
-4-NC: 2023:KHC:39670 CRL.P No. 2139 of 2022 ORDER i. Criminal petition is allowed. ii. The impugned proceedings in C.C.No.7374/2018 on the file of I Add. Chief Judicial Magistrate, Bengaluru Rural Court, Bengaluru insofar it relates to accused Nos.8 and 9 stands quashed.
Sd/-
JUDGE RKA List No.: 1 Sl No.: 35