- 1 - HC-KAR NC: 2025:KHC:22094 CRL.P No. 2256 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 2256 OF 2025 BETWEEN: SRI. JAYAPRAKASH S/O LATE CHANDRASHEKAR, AGED ABOUT 55 YEARS, R/AT NO.3-94, V.S. NILAYA, OPP ST. JOSEPH SCHOOL, VAMANJOOR PADAVU, THIRUVAIL, DAKSHINA KANNADA - 575 028. …PETITIONER (BY SRI. TEJAS N, ADVOCATE) AND: 1. STATE OF KARNATAKA BY UDUPI TOWN POLICE, UDUPI - 576 101. (REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR, HCK, BANGALORE - 01) 2. SRI. VIRENDRA HEGDE U, S/O LATE VASUDEVA HEGDE, AGED ABOUT 49 YEARS, R/AT OMKAR, NEAR NH 66, UDYAVARA POST, UDUPI - 576 101. …RESPONDENTS (BY SMT. SOWMYA R, HCGP FOR R1; R2 IS SERVED AND UNREPRESENTED) Digitally signed by MAYAGAIAH VINUTHA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22094 CRL.P No. 2256 of 2025 THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.1355/2024 ON THE FILE OF THE HONBLE PRL.SENIOR CIVIL JUDGE AND C.J.M UDUPI AS AN ABUSE OF PROCESS OF LAW WHICH IS ARISING OUT OF CR.NO.198/2023 OF UDUPI TOWN P.S UDUPI FOR THE OFFENCE P/U/S 338 OF IPC AND SEC.30 OF ARMS ACT. THIS PETITION, COMING ON FOR ADMISSION, 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 the following reliefs: "Wherefore, the petitioner-accused No.1 most humbly pray that this Hon'ble Court may be pleased to quash the proceedings in C.C.No.1355/2024 on the file of the Hon'ble Principal Senior Civil Judge and C.J.M., Udupi as an abuse of process of law, which is arising out of Crime No.198/2023 of Udupi Town police Station, Udupi for the offences under Section 338 of I.P.C. and under section 30 of Arms Act and grant such other relief or reliefs as this Hon'ble Court deems fit to grant in the facts and circumstances of the case in the ends of justice.." 2. Heard the learned counsel for the petitioner and learned HCGP for respondent No.1 and perused the material on record. - 3 - HC-KAR NC: 2025:KHC:22094 CRL.P No. 2256 of 2025 3. Respondent No.2, having been served with notice of this petition, has chosen to remain unrepresented and has not contested the petition. 4. A perusal of the material on record will indicate that respondent No.2/defacto complainant filed a impugned complaint on 30.12.2023 inter alia alleging that he was running Jayalakshmi Silks Clothing Store at Bannanje, Moodanidambur Village, Udupi and at which time, the petitioner/accused No.1 and accused Nos.2 & 3 committed the alleged offences punishable under Sections 25 and 27 of the Indian Arms Act and Section 308 r/w 34 of IPC. Subsequently, after investigation, respondent No.1-Police filed a charge sheet, which is currently pending in C.C.No.1355/2024 against the petitioner/accused No.1 only for the offence punishable under Section 30 of the Indian Arms Act while accused Nos.2 and 3 have been charged with offences punishable under Section 338 of IPC. In this context, it is pertinent to note that the petitioner holds and possess Indian Arms License vide Annexure-D, which was valid as on the date of the incident. It is also relevant to state that a perusal of the complaint, FIR, charge sheet - 4 - HC-KAR NC: 2025:KHC:22094 CRL.P No. 2256 of 2025 material, statement of witnesses and documents etc., is sufficient to come to the conclusion that no allegation is made out against the petitioner for the offence under Section 30 of the Indian Arms Act coupled with the fact that the petitioner already possessed and held valid Indian Arms License as on the date of the incident. Under the circumstances, I am of the considered opinion the continuation of the impugned proceedings qua the petitioner would amount to abuse of process of law warranting interference in the present petition. 5. In the result, I pass the following:- ORDER (i) The petition is hereby allowed. (ii) The impugned proceedings in C.C.No.1355/2024 pending on the file of the Principal Senior Civil Judge and C.J.M., Udupi, qua the petitioner, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE VM List No.: 3 Sl No.: 20 CT: BHK