- 1 - NC: 2025:KHC:15664 CRL.P No. 1011 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 1011 OF 2025 BETWEEN: NAGARAJA, S/O. ONKARAPPA, AGED ABOUT 57 YEARS, R/AT ALAGATTA VILLAGE, HIREGUNTANUR HOBLI, CHITRADURGA TALUK AND DISTRICT-577 501. …PETITIONER (BY SRI R SHASHIDHARA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY CHITRADURGA TOWN PS,CHITRADURGA, REPRESENTED BY SPP HIGH COURT BUILDING, BANGALORE-560 001. 2. RAJANIKANT, S/O. PADMANABHACHARY. T, AGED ABOUT 46 YEARS, FDA SUB REGISTRAR OFFICE, CHITRADURGA TOWN-577 501. …RESPONDENTS (BY SRI M R PATIL, HCGP FOR R1, SRI M G RAGHAVENDRA, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.1216/2023 PENDING ON THE FILE OF PRL.CIVIL JUDGE AND J.M.F.C AT CHITRADURGA PURSUANT TO THE CHARGE SHEET FILED BY THE 1ST RESPONDENT POLICE IN CR.NO.8/2023 FOR THE OFFENCE P/U/S 504,353 OF IPC. Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:15664 CRL.P No. 1011 of 2025 THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner, who has been charge-sheeted for offences punishable under Sections 504 and 353 of the Indian Penal Code (IPC), has approached this Court seeking relief. 2. The prosecution alleges that while the complainant was serving as a Sub-Registrar, the petitioner–accused approached him for registration of a sale deed. It is alleged that, without any valid reason, the petitioner abused the complainant using vulgar language and restrained him from discharging his official duties for not registering the sale deed. 3. Heard the learned counsel for the petitioner and the learned High Court Government Pleader (HCGP) for the State. 4. The alleged insult inflicted by the petitioner–accused does not appear to have resulted in any breach of public peace or in the commission of any other offence so as to constitute an offence under Section 504 of IPC. To attract the provisions of Section 353 of IPC, it is necessary that - 3 - NC: 2025:KHC:15664 CRL.P No. 1011 of 2025 the accused must have either assaulted the public servant or used criminal force to deter him from discharging his official duties. In the present case, there is no specific allegation that the petitioner either assaulted the complainant or used criminal force against him. The allegation is limited to stating that the petitioner restrained the complainant from performing his official duties, which, in the absence of use of force or assault, does not fulfill the essential ingredients of the offence under Section 353 IPC. 5. In the absence of the requisite elements constituting the offences under Sections 504 and 353 of IPC, the continuation of the criminal proceedings would amount to an abuse of the process of law. 6. Accordingly, the petition is allowed. The impugned proceedings in C.C. No. 1216/2023 on the file of the Principal Civil Judge and JMFC, Chitradurga, are hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE CHS, List No.: 1 Sl No.: 14