- 1 - NC: 2025:KHC:11609 CRL.P No. 12304 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12304 OF 2023 BETWEEN: MR. SYED MOHID ALTAF, S/O M. ALTAF HUSSAIN, AGED ABOUT 46 YEARS, NA.5, DAIMONDS VILLAS, NO. 139/4/2, GOALIMANGALA VTC, HUSKU, BANGALORE - 560 099. …PETITIONER (BY SRI. NISHAD S.A, ADVOCATE) AND: 1. THE STATE OF KARNATAKA SANJAY NAGAR POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. PRAVEEN KUMAR, S/O LATE NARASIMHA, AGED ABOUT 32 YEARS, THE TAX INSPECTOR, WARD NO.19 SANJAY NAGAR, BANGALORE - 560 094. …RESPONDENTS (BY SRI. RAJAT SUBBRAMANYAM, HCGP FOR R1; SRI. K.B. MONESH KUMAR, ADVOCATE FOR R2) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:11609 CRL.P No. 12304 of 2023 THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS BY THE RESPONDENT NO.1 POLICE IN C.C.NO.14854/2023, FOR THE OFFENCE P/U/S 254 OF BBMP ACT, 2020, PENDING ON THE FILE OF 8TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE COURT AT BANGALORE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is before this Court in this petition preferred under Section 482 of Cr.P.C. praying to quash the criminal proceedings initiated against him in C.C.No.14854/2023 for the offence Punishable under Section 254 of BBMP Act, 2020 pending on the file of the Court of VIII Additional Chief Metropolitan Magistrate at Bangalore. 2. Heard both sides and perused the material on record. - 3 - NC: 2025:KHC:11609 CRL.P No. 12304 of 2023 3. It is alleged that on 21.03.2023, petitioner herein was found distributing food kits to the public in connection with the Assembly Election 2023. 4. As per the complaint lodged by the Tax Inspector, Ward No.19, BBMP, Bengaluru City, accused No.2 was distributing food kits which was brought in a lorry, on behalf of the petitioner, a candidate in the election. Based on the said complaint, a case in Crime No.67/2023 was registered at Sanjaynagar Police Station against accused Nos.1 and 2 for the offence Punishable under Section 254 of the BBMP, Act, 2020. 5. Section 254 of the BBMP Act, reads as under: 254. Prohibition of nuisance.-(1)No person shall commit any nuisance in any public street or public place, or (a) unauthorizedly affix upon any building, monument, post, wall, fence, tree or any other public place, any bill, notice or other document, or (b) unauthorizedly deface, or write upon, or otherwise mark on a building, monument, post, wall, fence, tree or any other public place, - 4 - NC: 2025:KHC:11609 CRL.P No. 12304 of 2023 (c) carry rubbish, filth or other polluted and obnoxious matter along any route in contravention of any prohibition made in this behalf by the Zonal Commissioner by notice, or d) bury or cremate or otherwise dispose of any corpse at a place not licensed for the purpose, or (e) quarry, blast, cut timber or carry on building operations causing, or likely to cause danger to persons passing by, or dwelling or working, in the neighbourhood, (f) disturb public peace or order in violation of sound pollution control order, if any, or (g) cause pollution of air in violation of an air pollution control order, if any, or (h) cause obstruction to the movement of vehicular or pedestrian traffic without permission from the competent authority. (2) Where the Zonal Commissioner or the officer authorised in this behalf, is of the opinion that there is a nuisance as per sub- section (1) on any land or building she may, by notice, in writing, require the person by whose act, default or sufferance the nuisance arises or continues or all of the owners, lessees or occupiers of such land or building to remove or abate the nuisance by taking such - 5 - NC: 2025:KHC:11609 CRL.P No. 12304 of 2023 measures, in such manner, and within such period, as may be specified in the notice in accordance, wherever applicable, with the provision of the Karnataka Open Places(Prevention of Disfigurement) Act, 1981 (Karnataka Act No.35 of 1982). (3) Where the Zonal Commissioner or the officer authorised in this behalf, is of the opinion that immediate, removal of any nuisance as per sub-section(1) continuing on any land or building in contravention of the provisions of this Act is necessary, she may, for reasons to be recorded in writing, cause such nuisance to be removed forthwith in accordance, wherever applicable, with the provision of the Karnataka Open Places(Prevention of Disfigurement) Act, 1981. (4) Any person or group of persons who fails to comply with any order under this section shall be liable to a penalty as prescribed or in accordance 226 wherever applicable, with the provision of the Karnataka Open Places (Prevention of Disfigurement) Act, 1981 (Karnataka Act No 35 of 1982). 6. A bare perusal of the complaint averments does not indicate that the ingredients of the offences alleged are made out. If accused has caused obstruction to the movement of vehicle or pedestrian traffic by stopping the lorry on a public road for distribution of food kits, it is not specifically alleged so - 6 - NC: 2025:KHC:11609 CRL.P No. 12304 of 2023 and there is no such complaint by any one to that effect. There is no sufficient materials placed to show that by the act of the accused any public peace was disturbed or there was obstruction to the movement of public or traffic. 7. Be that as it may, as per clause-2 of Section 254, if the Zonal Commissioner or the Officer Authorized in this behalf, is of the opinion that there is a nuisance as per sub-section (1), a notice has to be issued in writing, to the person committing the act. Admittedly, no such notice was issued in the present case. 8. Having perused the material on record, this Court is of the considered view that the ingredients of the offence alleged are not made out and therefore, the continuation of the proceedings as against the petitioner is nothing but an abuse of process of law. Hence, the following:- ORDER i) Petition is allowed. ii) The entire proceedings against the petitioner in C.C.No.14854/2023 pending before the VIII - 7 - NC: 2025:KHC:11609 CRL.P No. 12304 of 2023 Additional Chief Metropolitan Magistrate Court at Bengaluru is quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 8 CT: BHK