- 1 - NC: 2025:KHC:2776 CRL.P No. 5196 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 5196 OF 2024 (482(Cr.PC) / 528(BNSS)) BETWEEN: SRI SHIRIYARA PRABHAKARA NAYAK S/O LATE SHIRIYARA PADMANABHA NAYAK, AGED ABOUT 57 YEARS, R/O NO.PRAKYATH, 4-66, KALMARG, SHIRIYARA POST, UDUPI TALUK AND DISTRICT-576210 …PETITIONER (BY SRI. HARISH KUMAR M S., ADVOCATE) AND: 1. THE STATE REPRESENTED BY SHO KOTA P.S., HIGH COURT OF KARNATAKA, BANGALORE-560001 REP BY PP HIGH COURT BUILDING 2. MANJUNATH BILLAVA THE REVENUE INSPECTOR, KOTA HOBLI, BRAMHAVARA TALUK, UDUPI DISTRICT-576211 …RESPONDENTS (BY SMT. M.M.WAHEEDA, HCGP) Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2776 CRL.P No. 5196 of 2024 THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE REGISTRATION OF FIR IN CR.NO.80/2024 BY KOTE P.S., ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC UDUPI DATED 31.03.2024 FOR THE OFFENCE P/US/ 353,332 OF IPC. 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 the following relief: "Quash the registration of FIR in Crime No.80/2024 by Kota PS on the file of the Additional Civil Judge and JMFC, Udupi dated 31.03.2024 for the offence under Section 353 and 332 of the Indian Penal Code." 2. Heard the learned counsel for the petitioner, learned High Court Government Pleader for the respondents and perused the material on record. 3. A perusal of the material on record will indicate that it is an undisputed fact that the petitioner is a practicing lawyer while the second respondent is a Revenue Inspector in the office of the Tahsildhar, Bramhavara Taluk. The second - 3 - NC: 2025:KHC:2776 CRL.P No. 5196 of 2024 respondent had lodged a complaint on 31.03.2024 inter alia contending that the petitioner was guilty of the offences punishable under Sections 353 and 332 of IPC. 4. In this context, it is relevant to state that a perusal of the complaint dated 31.03.2024 will indicate that none of the ingredients attracting the offences punishable under Sections 353 or 332 of IPC are present in the complaint given by the second respondent and consequently, in the absence of necessary allegations or ingredients in the complaint lodged by the second respondent against the petitioner so as to attract either Section 353 or 332 of IPC, I am of the considered opinion that continuation of the proceedings qua the petitioner amounts to abuse of the process of law warranting interference by this Court in the present petition. 5. Hence, the following: ORDER a. The petition is allowed. - 4 - NC: 2025:KHC:2776 CRL.P No. 5196 of 2024 b. The impugned FIR in Crime No.80/2024 of Kota Police Station on the file of the learned Additional Civil Judge and JMFC, Udupi dated 31.03.2024, is hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE RB