- 1 - NC: 2025:KHC-K:2378 CRL.P No. 200594 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 200594 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: NARENDRAKUMAR M S/O MARAYYA, AGE:53 YEARS, OCC: EXECUTIVE ENGINEER IN CHARGE OF EMPLOYMENT DIVISON KALABURAGI, R/O. MINOR IRRIGATION AND GROUND WATER, YASHWANTHAPUR, BANGALORE-560022. …PETITIONER (BY SRI RAVI B. CHAWAN, ADVOCATE) AND: 1. THE STATE THROUGH KALABURAGI TRAFFIC I POLICE STATION, KALABURAGI, (REPRESENTING BY LEARNED ADDL. S.P.P, HIGH COURT OF KARNATAKA, AT KALABURAGI-585102). 2. SRI. SHANKAR S/O ANNARAYA DHARMAPUR, AGE:45 YEARS, OCC:FARMER, R/O. KHANADAL VILLAGE, C/O. NANDIKOR VILLAGE, TQ. AND DIST. KALABURAGI-585102. …RESPONDENTS (BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R1) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2378 CRL.P No. 200594 of 2025 THIS CRL.P IS FILED U/S.482 OF CR.P.C. (OLD), U/SEC. 528 OF BNSS PRAYING TO, ALLOW THIS PETITION AND QUASH THE C.C.NO.7213/2023 VIDE FIR IN CRIME NO.70 OF 2023 OF KALABURAGI TRAFFIC I PS REGISTERED FOR THE OFFENCES PUNISHABLE U/SEC 279, 337, 428 OF IPC AND SECTION 180, 181, 187 OF THE IMV ACT 1988, AGAINST THE PETITIONER WHICH IS PENDING ON THE FILE OF IST ADDL. CIVIL JUDGE AND JMFC KALABURAGI. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) Though the matter is listed for orders, with the consent of learned counsel for the parties, the same is taken up for final disposal. 2. The petitioner who is accused No.2 has approached this Court seeking to quash the proceedings in C.C.No.7213/2023 (arising out of Crime No.70/2023 of Kalaburagi Traffic-I Police Station) pending on the file of I- Additional Civil Judge and JMFC, Kalaburagi, for the offences punishable under Sections 279, 337, 428 of IPC and Sections 180, 181, 187 of IMV Act, 1988. - 3 - NC: 2025:KHC-K:2378 CRL.P No. 200594 of 2025 3. Factual matrix of the case: The petitioner was working as Executive Engineer and Incharge of Employment Division, Kalaburagi. He is a resident of Yashwanthpur, Bengaluru. It is stated that on 14.06.2023, he was traveling from Jewargi to Kalaburagi in his official car. Around 7’o clock in the evening, the driver of the said car dashed to the bullock cart to its hind side and he being unable to control the said car, dashed to another car and thereafter, the said car stopped. Therefore, a complaint came to be registered against the driver of the car along with inmate of the said car. During investigation, it appears that the petitioner who was traveling in the said car stated to have appointed the said driver even though he had no valid driving licence. Therefore, a case came to be registered under the provisions of the Indian Motor Vehicles Act. 4. Heard Sri.Ravi B.Chawan, learned counsel for the petitioner and Sri.Jamadar Shahabuddin, learned High Court Government Pleader for respondent No.1. - 4 - NC: 2025:KHC-K:2378 CRL.P No. 200594 of 2025 5. It is the submission of the learned counsel for the petitioner that the petitioner was working as the Executive Engineer. Though it is stated that he had appointed accused No.1 as his driver, there is no document to show that he had appointed him. 6. It is further submitted that even assuming that he had appointed accused No.1 as his driver, the fact remains that, the concerned Department had to take care of the relevant documents of the said driver. In the absence of proper material to show that the petitioner had appointed accused No.1, asking the petitioner to face the trial would be an abuse of process of law. Moreover, the petitioner is an Engineer and he has to face the trial unnecessarily for which he has not committed any offences. As such, the learned counsel for the petitioner prays to allow the petition. 7. Per contra, learned High Court Government Pleader opposed the said submissions and he submitted - 5 - NC: 2025:KHC-K:2378 CRL.P No. 200594 of 2025 that, the petitioner was traveling in the said car. Accused No.1 was driving the vehicle. As per the procedure, the petitioner had appointed accused No.1 as his driver. During the investigation, the Investigating Officer found that accused No.1 had no valid driving licence to drive the vehicle. However, the petitioner had allowed him to drive the vehicle thereby, he committed offences under the provisions of the Indian Motor Vehicles Act. 8. It is further submitted that since the prosecution has made out a case against the petitioner, he has to face the trial. If the charge sheet is quashed, hardship would be caused to the prosecution. Therefore, the petition has to be rejected. Making such submissions, he prays to reject the petition. 9. Having heard the learned counsel for the respective parties and also perused the averments of the charge sheet, it appears from the records that the petitioner was working as Executive Engineer and he was coming from Jewargi to Kalaburagi in his official car. - 6 - NC: 2025:KHC-K:2378 CRL.P No. 200594 of 2025 Accused No.1 was driving the said car as on the date of the accident. 10. Accused No.1 had caused accident and caused injuries to several persons and damaged the bullock cart and a car. A case has been registered against the driver. During investigation, the Investigating Officer learnt that accused No.1 had no valid driving licence. He also further learnt that accused No.1 was appointed by the petitioner. 11. Be that as it may, the Investigating Officer has not produced any document to show that the petitioner appointed accused No.1 as his driver. Even on perusal of the entire charge sheet, nothing is there to show that the petitioner had appointed accused No.1. Therefore, under these circumstances, asking the petitioner to face the trial, in my considered opinion is not proper and appropriate. 12. Accordingly, I pass the following: ORDER The Criminal Petition is allowed. - 7 - NC: 2025:KHC-K:2378 CRL.P No. 200594 of 2025 The entire proceedings in C.C.No.7213/2023 (arising out of Crime No.70/2023 of Kalaburagi Traffic I Police Station) pending on the file of I-Additional Civil Judge and JMFC Kalaburagi, in respect of the petitioner is quashed. In view of disposal of the main petition, I.A.No.1/2025 does not survive for consideration. Sd/- (S RACHAIAH) JUDGE NB List No.: 1 Sl No.: 14 CT:PK