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2025 DAILYLAW 15724 (KAR)

SRI. B. V. RAGHU v. THE STATE OF KARNATAKA

CRL.P/1575/2025 · 2025-02-07

S R Krishna Kumar

body2025

Judgment text

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- 1 - NC: 2025:KHC:5613 CRL.P NO.1575 OF 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.1575 OF 2025 BETWEEN: SRI. B.V. RAGHU S/O LATE P.M. VENKATAPPA AGED ABOUT 55 YEARS, NO.6, 6TH BLOCK, B.E.L. LAYOUT, VIDYARANYAPURA, BENGALURU - 560 097. …PETITIONER (BY SRI. RAVI B.V., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY MADANAYAKANAHALLI POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. SMT. PRATHIBHA T.P. WPC., D.P.O, BENGALURU DISTRICT, BENGALURU - 01 …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. S.P.P. FOR R1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C. NO.212/2017 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 353 AND 354 OF IPC, PENDING ON THE FILE OF I ADDITIONAL CIVIL JUDGE AND JMFC, NELAMANGALA, BENGALURU INSOFAR AS THE PETITIONER IS CONCEREND IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by ARUNKUMAR M S Location: High Court of Karnataka - 2 - NC: 2025:KHC:5613 CRL.P NO.1575 OF 2025 THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks following relief: " Quash the entire proceedings in C.C. No.212/2017 for the offences punishable under Sections 353 and 354 of Indian Penal Code, pending on the file of the I Additional Civil Judge and JMFC., Bangalore, insofar as the petitioner is concerned in the interest of justice and equity." 2. Heard learned counsel for the petitioner and learned Additional Special Public Prosecutor for the respondent No.1 and perused the material on record. 3. A perusal of the material on record will indicate that, on 08th January, 2017, the respondent No.2, who is a Women Police Constable had lodged instant complaint which culminated in the charge sheet against the petitioner, which is pending before the I Additional Civil Judge and JMFC., Nelamangala, Bengaluru in C.C. No.212/2017 for the offences punishable under Sections 353 and 354 of the Indian Penal Code. However, a perusal of the material on record comprising of the complaint, F.I.R., charge sheet, statement of witnesses etc., is sufficient to come to the conclusion that, necessary ingredients constituting offences under Sections - 3 - NC: 2025:KHC:5613 CRL.P NO.1575 OF 2025 353 and 354 of the Indian Penal Code are not forthcoming as against the petitioner and consequently, continuation of impugned proceedings in the facts and circumstances of the instant case would amount to abuse of process of law warranting interference by this Court in the present petition. 4. In the result, I pass the following: O R D E R 1) Criminal Petition is allowed; 2) The entire proceedings in C.C. No.212/2017 pending on the file of the I Additional Civil Judge and JMFC., Nelamangala, Bengaluru for the offences punishable under Sections 353 and 354 of the Indian Penal Code qua the petitioner is hereby quashed. SD/- (S.R. KRISHNA KUMAR) JUDGE ARK List No.:1 Sl No.: 54