- 1 - HC-KAR NC: 2025:KHC:20791 CRL.P No. 4628 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 4628 OF 2024 BETWEEN: MOHAMMAD ALI H, S/O HAZARATH UMAR, AGED ABOUT 35 YEARS, R/AT ARMANEKERI SUBHASH NAGAR, SAGAR, SHIVAMOGGA DISTRICT - 577 401. …PETITIONER (BY SRI. MOHAMMED KALEEM, FOR SRI. LETHIF B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY TUNGA NAGAR POLICE STATION, SHIVAMOGGA DISTRICT. REPRESENTED BY S.P.P, HIGH COURT BUILDING, BANGALORE – 560 001. 2. DR. ANITHA R., CHIEF SUPERINTENDENT, AGED ABOUT 46 YEARS, GOVERNMENT OFFICIAL GAZETTED, CENTRAL PRISON, SHIVMOGGA, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:20791 CRL.P No. 4628 of 2024 SHIVMOGGA DISTRICT. …RESPONDENTS (BY SMT.SOWMYA R., HCGP FOR R-1; R-2 - SERVED AND UNREPRESENTED) *** THIS CRL.P. IS FILED U/S 482 OF CR.P.C., PRAYING TO QUASH THE FIR IN CR.NO.300/2023 OF TUNGANAGAR POLICE STATION, SHIVAMOGGA FOR THE OFFENCE P/U/S 42(i)(ii) OF KARNATAKA PRISONERS AMENDMENT ACT, 2022 PENDING ON THE FILE OF ADDL. CIVIL JUDGE (JR.DN.) AND JMFC III COURT, SHIVMOGGA WHICH IS PRODUCED AT ANNEXURE - A IN THE ABOVE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRL.P., 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 for the following relief: "Wherefore, the petitioner prays that this Hon'ble Court be pleased to quash the FIR in Crime No.300/2023 of Tunganagar Police Station, Shivamogga for the offence p/u/s - 3 - HC-KAR NC: 2025:KHC:20791 CRL.P No. 4628 of 2024 42(i)(ii) of Karnataka Prisoners Amendment Act, 2022 pending on the file of Addl. Civil Judge (Jr.Dn.) and JMFC III Court, Shivmogga which is produced at Annexure - A in the above case, in the interest of justice and equity" 2. Heard the learned counsel for the petitioner and learned HCGP for respondent-State. 3. A perusal of the material on record will indicate that the petitioner is a convict, serving his sentence in Central Prison, Shivamogga. The second respondent - Chief Superintendent of Central Prison, Shivamogga filed a complaint on 03.08.2023 against the petitioner inter alia contending that, Birthday celebrations were taking place in Room No.30 of Kaveri Division of the Prison and the petitioner along with other prisoners was guilty of the offence punishable under Sections 8(c), 22(a), 27(a), 29, 30 of NDPS Act, and as such, the second respondent registered an FIR in Crime No.300/2023 dated 03.08.2023 - 4 - HC-KAR NC: 2025:KHC:20791 CRL.P No. 4628 of 2024 against the petitioner/accused No.1 and other accused persons. 4. In this context, it is relevant to state that, except the alleged photographs and videos said to have been shown in the laptop of the Investigating Officer, which have not been corroborated by any other evidence, there is absolutely no other material to establish that the petitioner was guilty of the aforesaid alleged offences. Under these circumstances, in the absence of any material in the complaint or in the FIR or any other corroborative material to indicate that the petitioner was guilty of the aforesaid offences, I am of the considered opinion that continuation of the impugned proceedings, that too, in relation to the petitioner who has already been convicted and is serving sentence in Shivamogga Prison, would amount to abuse of the process of law, warranting interference by this Court in the present petition. 5. In the result, I pass the following: - 5 - HC-KAR NC: 2025:KHC:20791 CRL.P No. 4628 of 2024 ORDER i) The Petition is hereby allowed. ii) The impugned proceedings in FIR in Crime No.300/2023 of Tunganagar Police Station, Shivamogga, pending on the file of the learned Additional Civil Judge (Jr.Dn.) and JMFC III Court, Shivamogga, vide Annexure A, for the offences punishable under Section 42 (i) (ii) of Karnataka Prisoners Amendment Act, 2022, qua the petitioner, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMV* List No.: 1 Sl No.: 9