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IN THE HIGH COURT OF AT BENGALURU

DATED THIS THE 25 TH DAY OF APRIL, 2019

BEFORE

THE HON’BLE MR. JUSTICE ARAVIND KUMAR

CRIMINAL PETITION NO.622/2019

BETWEEN:

1. SRI. SHIVEGOWDA S/O SRI. SHIVE GOWDA AGED ABOUT 32 YEARS PRESIDENT SANYASI GRAM PANCHAYAT R/O SANYASIHALLI VILLAGE UTPATHANAHA KASABA HOBLI BELUR TALUK, HASSAN DISTRICT – 573 115.

2. SRI. TULASIDAS S/O SRI. DYAVAPPA GOWDA AGED ABOUT 48 YEARS R/O SANTHOSHNAGARA TOWN BELUR TALUK HASSAN DISTRICT – 573 101.

3. SRI. VIJAYKUMAR S/O SRI. MUDDEGOWDA AGED ABOUT 53 YEARS TOWN PANCHAYAT MEMBER , R/O THIMMANAHALLI VILLAGE, JAVAGAL HOBLI ARASIEKRE TALUK HASSAN DISTRICT – 573 125.

4. SRI. KADIDAL MANJAPPA S/O SRI. MALLAPPA AGED ABOUT 58 YEARS ZILLA PANCHAYATH MEMBER HEBBALU, HALEBEEDU BELUR TALUK, HASSAN DISTRICT – 573 121.

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5. SRI. ARUN KUMAR @ KUMARASWAMY S/O GURUPADASWAMY AGED ABOUT 42 YEARS COUNCILLOR TMC BELUR SHIVAJOYOTHI PANA BEEDI NEHURUNAGARA BELUR TOWN, HASSAN DISTRICT – 573 121.

6. SRI. SOMASHEKARA S/O SRI. BASAVARAJU AGED ABOUT 55 YEARS R/O NERALAGE VILLAGE JAVAGAL HOBLI ARASIKERE TALUK HASSAN DISTRICT – 573 125.

7. MR. ZUBBAIR S/O MR. ABBUSKAKA AGED ABOUT 37 YEARS MUNICIPAL COUNCILLOR TOWN MUNICIPAL COUNCIL BEHIND KEB OFFICE BELUR TOWN, HASSAN DISTRICT – 573 213.

8. MR. JAMALUDDIN S/O MR. ABBAS AGED ABOUT 44 YEARS MUNICIPAL COUNCILLOR TOWN MUNICIPAL COUNCIL BELUR, R/O HALEBBEDU BELUR TOWN, HASSAN DISTRICT – 573 213.

9. MR. NASIR S/O MR. SARDAR PASHA AGED ABOUT 32 YEARS R/O PURIBHATTI BEEDHI BELURU TOWN, HASSAN DISTRICT – 573 213.

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10. SRI. NINGARAJU S/O SRI. SIDDAIAH AGED ABOUT 45 YEARS CONGRESS LEADER R/O AMBEDKAR NAGAR AREHALLI TOWN, BELUR TALUK, HASSAN DISTRICT – 573 101.

11. SRI. CHANDRE GOWDA S/O SRI. HONNE GOWDA AGED ABOUT 60 YEARS PRESIDENT, KOGILAMANE GRAM PANCHAYAT R/O CHIKKOLE VILLAGE KASABA HOBLI, BELUR TALUK HASSAN DISTRICT -573 213.

12. SRI. DAMODARA Y.T S/O SRI. THIMME GOWDA AGED ABOUT 50 YEARS R/O KELAGANE VILALGE CHIKKAMAGALURU TALUK AND DISTRICT – 573 213.

13. SRI. SRINIVAS S/O SRI. BHADRE GOWDA AGED ABOUT 52 YEARS R/O GENDEHALI VILLAGE KASABA HOBLI, BELURU TALUK, HASSAN DISTRICT – 573 213.

14. SRI. SHAILESH K.P S/O SRI. PUTTE GOWDA AGED ABOUT 65 YEARS R/O KUSHAVARA KASGEBAILU VILLAGE TALUK CHIKKAMAGALURU DISTRICT – 577 550.

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15. SMT. LAKSHMI W/O SRI. RAVI AGED ABOUT 40 YEARS MEMBER TOWN PANCHAYAT ARASIKERE TLAUK HASSAN DISTRICT R/O JAVAGAL VILLAGE ARASIKERE TALUK HASSAN DISTRICT – 573 125.

16. SRI. NAGARAJ S/O SRI. CHANNABASAPPA AGED ABOUT 55 YEARS R/O KOLLAHALLI VILLAGE JAVAGAL HOBLI ARASIKERE TALUK HASSAN DISTRICT – 573 125.

17. SRI. RATHNA S/O SRI. NINGAIAH AGED ABOUT 50 YEARS R/O AMBEDKAR NAGAR BELURU TOWN HASSAN – 573 213.

18. SRI. RANGANATHA S/O SRI. MANJAPPA AGED ABOUT 46 YEARS R/O GUNIKEREBEEDI VILALGE BELUR TOWN HASSAN DISTRICT – 573 213.

19. SRI. NIJAGUNA S/O SRI. RAME GOWDA AGED ABOUT 42 YEARS R/O HALEBEEDU TOWN BELUR TALUK, HASSAN DISTRICT – 573 121.

20. SRI. SATHYA NARAYANA S/O SRI. GURAPPA GOWDA AGED ABOUT 55 YEARS R/O NEAR DURGAMMA

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TEMPLE BELUR TOWN HASSAN DISTRICT – 573 213.

21. MR. ABDUL LATHEEF S/O SRI. GOUSE MOHIDDIN AGED ABOUT 55 YEARS PRESIDENT, BANTENAHALI GRAMA PANCHAYAT R/O BANTENAHALLI VILLAGE, BELURU TALUK HASSAN DISTRICT – 573 115.

22. MR. MAHADEVAPPA B.S S/O SRI. SHIVANANJAPPA AGE 60 YEARS BELUVALLI VILLAGE JAVAGAL HOBLI, ARISIKERE TALUK HASSAN DISTRICT - 573 125.

... PETITIONERS

(BY SRI. C.R. GOPALASWAMY., ADVOCATE)

AND:

1. STATE OF KARNATAKA BY BELUR POLICE STATION REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001.

2. SRI. PRAKASH N.H SECTOR OFFICER SECTOR-8, 195-BELUR ASSEMBLY, CONSTITUENCY HASSAN DISTRICT – 573 115.

... RESPONDENTS

(BY SRI. S. RACHAIAH., HCGP FOR R-1)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS PENDING BEFORE THE SENIOR CIVIL JUDGE AND JMFC, BELUR VIDE C.C.NO.238/2018

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(CRIME NO.196/2018) OF BELUR POLICE STATION, PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, BELUR.

THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:

O R D E R

Heard Sri C.R.Gopalaswamy, learned Advocate appearing for petitioners and Sri Rachaiah, learned

HCGP appearing for respondent-State. Perused the records.

2. Second respondent herein lodged a complaint before jurisdictional police alleging that petitioners and others who had participated in the meeting had canvassed unauthorisedly prior to election and thereby committed an offence punishable under Section 188 IPC. Hence, petitioners are before this Court for quashing of proceedings.

3. Having heard learned Advocates appearing for parties, it requires to be noticed that prosecution has been initiated against petitioners for

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the alleged offence punishable under Section 188

IPC.

4. Section 195 Cr.P.C. mandates that no

Court can take cognizance of the offences punishable under Sections 172 to 188 IPC except on the complaint in writing of the public servant concerned or some other public servant to whom he is administratively subordinate. Under similar circumstances, this Court in Crl.P.No.9407/2017, disposed of on 24.04.2018 has held:

“4. As could be seen from the case records, offences alleged against petitioner are punishable under Sections 171(B) and 171(E), which are cognizable offences and as such, prior to registration of FIR, jurisdictional police ought to have obtained permission from the jurisdictional magistrate, which is conspicuously absent in the instant case. Insofar as, offences punishable under Section 188 of IPC, the bar contained in Section 195 of Cr.P.C. would come into play namely, prosecution can be initiated for said offence only by a competent officer by filing a complaint before the Court as otherwise the Court before whom proceedings is continued on the basis of police

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report, would not be empowered to take cognizance of said offence.”

5. In the instant case, prosecution has been initiated for the offence punishable under Section

188 IPC on the basis of a police report and not on the basis of complaint made by the competent officer who is empowered to do so as prescribed under Section

195 Cr.P.C. In that view of the matter, proceedings against petitioner if allowed to continue, he would have to undergo the ordeal of trial which would be an abuse of process of law.

6. Hence, I proceed to pass the following:

ORDER

(i) Criminal petition is allowed.

(ii) Proceedings against petitioner in

C.C.No.238/2018 (Crime

No.196/2018) for the offences

punishable under Section 188 IPC

pending on the file of Senior Civil

Judge & JMFC, Belur is hereby

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quashed and petitioner is acquitted

of the aforesaid offence.

SD/- JUDGE

*sp