- 1 - NC: 2025:KHC:10247 CRL.P No. 7864 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 7864 OF 2022 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SRI KUMARA S/O NINGEGOWDA AGED ABOUT 45 YEARS GEJJEGOWRANA HALLI CHENNARAYAPATNA TALUK, HASSAN DISTRICT, HASSAN KARNATAKA - 573 214. 2. SRI. REVANNASHETTY S/O PUTTASHETTY AGED ABOUT 68 YEARS, R/AT MUTTANAHALLI VILLAGE, KATTAYA HOBLI, HASSAN TALUK HASSAN DISTRICT - 573 214. …PETITIONERS (BY SRI. RAJARAMA S, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, K.R PETE RURAL POLICE STATION, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. SUB INSPECTOR OF POLICE K.R. PETE RURAL POLICE STATION, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:10247 CRL.P No. 7864 of 2022 MANDYA DISTRICT. …RESPONDENTS (BY SMT. RASHMI PATEL., HCGP) THIS CRL.P FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.1457/2021 IN CR.NO.12/2019 ON THE FILE OF THE COURT OF THE LEARNED SENIOR CIVIL JUDGE AND JMFC, K.R PETE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition is preferred to quash the entire proceedings in C.C.No.1457/2021 pending before the learned Senior Civil Judge and JMFC at K.R.Pet, Mandya. 2. Heard both sides and perused the material on record. 3. FIR in Crime No.12/2019 of K.R.Pet Rural Police Station, Mandya, came to be registered against accused Nos.1 to 5 and 30 to 40 others for the offence punishable under Section 341, 143, 149 of IPC, on a complaint lodged by the PSI of K.R.Pet Rural Police Station. - 3 - NC: 2025:KHC:10247 CRL.P No. 7864 of 2022 4. It is alleged by the prosecution that on 18.01.2019, between 04:15 – 04:45 p.m., all the accused formed an unlawful assembly making certain demands and protested against the Forest Department and the Government and caused obstruction to the movements of public and vehicles. 5. It is alleged in the FIR that accused Nos.1 to 5 and 30 to 40 others formed an un-lawful assembly and they assembled at K.R. Pet - Bandihole Main Road, near Kundanahalli gate, K.R.Pet Taluq, protesting against the Forest Department and the Government and caused obstruction to the movements of the public and vehicles. 6. Petitioner No.2 is not named in the FIR. While filing charge sheet, he is arraigned as accused No.15. Accused Nos.1 to 4 named in the FIR, as well as 4 other accused preferred Crl.P.No.6833/2022 seeking quashing of the proceedings. This Court after considering the facts and circumstances, was pleased to allow the said petition and quashed the proceedings against them. Paragraphs Nos.6 to 9 are extracted here under:- - 4 - NC: 2025:KHC:10247 CRL.P No. 7864 of 2022 "6. The term 'wrongful restraint' is defined under Section 339 of IPC and it specifies that 'whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person'. 7. In the instant case, the police have not recorded the statement of any member of the public who is alleged to have been wrongfully restrained from proceeding further in view of the protest conducted by the petitioners. Hence, the essential element to constitute the commission of offenses under Section 341 of IPC is conspicuously absent. 8. To constitute an offence under Section 149 of IPC, the accused must have formed an unlawful assembly with the common intention to commit any offence and in furtherance of the said common intention must have committed an offence. 9. In the instant case, charge sheet does not contain any material with the petitioners with common intention to commit an offence formed an unlawful assembly and in furtherance of the said common intention, committed any offence. The essential elements to constitute the commission of - 5 - NC: 2025:KHC:10247 CRL.P No. 7864 of 2022 offences under Sections 143 and 149 of IPC are conspicuously absent". 7. Petitioners stands on the same footing as the accused / petitioners in Crl.P.No.6833/2022, against whom the proceedings are quashed. Hence the continuation of proceedings against the petitioner is an abuse of process of law. Hence, the following:- ORDER i) Criminal Petition is allowed. ii) Proceedings in C.C.No.1457/2021 pending on the file of the Court of Senior Civil Judge and JMFC at K.R.Pet, Mandya against the petitioners are quashed. iii) I.A.No.1/2022 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 25