- 1 - NC: 2025:KHC:3055 CRL.P No. 13102 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 13102 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI. GAJARAJU S/O LATE H. N. VENKATAPPAREDDY, AGED ABOUT 75 YEARS, RESIDING AT NO. 34, 18TH MAIN, BTM 1ST STAGE, BENGALURU - 560029 …PETITIONER (BY SRI. VIVEKANANDA N., ADVOCATE) AND: 1. STATE OF KARNATAKA BY INDIRANAGAR POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560009 2. MR G KRISHNASWAMY, S/O NOT KNOWN AGED ABOUT 60 YEARS, THE STATION HOUSE OFFICER, FIRE STATION SOUTH FIRE STATION, RESIDENCY ROAD, BENGALURU - 560025 …RESPONDENTS (BY SRI. THEJESH, HCGP FOR R1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER TAKING COGNIZANCE DATED 18.10.2019 OF X ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU FOR THE OFFENCES PUNISHABLE UNDER SECTION 285 OF THE IPC, 1860 AND SECTION 25 OF KARNATAKA FIRE FORCE ACT 1964 PRODUCED AS ANNEXURE-A, CONSEQUENTLY QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:3055 CRL.P No. 13102 of 2024 C.C.NO.57216/2019 ARISING OUT OF CR.NO.75/2019, FOR THE OFFENCES PUNISHABLE UNDER SECTION 285 OF THE INDIAN PENAL CODE, 1860 AND SECTION 25 OF KARNATAKA FIRE FORCE ACT, 1964 ON THE FILE OF X ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU. 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, petitioner seeks the following reliefs: A. Set aside the order taking cognizance dated 18.10.2019 of X Additional Chief Metropolitan Magistrate, Bengaluru for the offences punishable under Sections 285 of the Indian Penal Code 1860 and Section 25 of Karnataka Fire Force Act, 1964 produced as Annexure-A, consequently, quash the entire criminal proceedings in C.C.No.57216/2019 arising out of Crime No.75/2019 for the offences punishable under Sections 285 of the Indian Penal Code 1860 and Section 25 of Karnataka Fire Force Act, 1964 on the file X Additional Chief Metropolitan Magistrate, Bengaluru. B. Pass any such other orders, which this Hon’ble Court deems fit including the costs of this petition, in the interests of justice and equity.” 2. Heard learned counsel for the petitioner and learned HCGP for respondent No.1 and perused the material on record. 3. The issue in controversy involved in the present petition regarding taking cognizance for alleged offences against - 3 - NC: 2025:KHC:3055 CRL.P No. 13102 of 2024 the petitioner under Section 285 of IPC and Section 25 of Karnataka Fire Force Act, 1964, is directly and squarely covered by the judgment of this Court in the case of B.S.Suresh and Anr. Vs. The State of Karnataka and Anr., passed in Crl.P.No.12339/2023 dated 29.08.2024, wherein it is held as under: “xxx 9. The other submission of the learned Senior counsel is with regard to the facts not meeting the ingredients of Section 285 of the IPC. The said issue need not detain this Court for long or delve deep into the matter, as this Court in Crl.P.No.4507/2023, while considering Section 285 of the IPC has held as follows: ""11. The other provision is Section 285 of the IPC. Section 285 of the IPC (supra) mandates rash or negligent act by any person so as to endanger human life, while dealing with fire or combustible matter knowingly or unknowingly. The Apex Court in the case of GURUKANWARPAL KIRPAL SINGH v. SURYA PRAKASAM1, has held as follows: “The High Court further held that the essential requirement of Section 285 of IPC was that the accused must have done something with fire or any combustible matter in a rash and negligent manner to endanger human life. The FIR in the present case does not show anything done by the accused with fire or any combustible matter. The act of recycling plastic waste material or supply of plastic waste material for recycling by the petitioner No.2 1 SLP (Crl.) No.5485 of 2021 decided on 12-05-2022 - 4 - NC: 2025:KHC:3055 CRL.P No. 13102 of 2024 could not be said to be an act done with fire or any combustible matter. The act of the respondents of supplying material for testing and the recycling plant could not be said to be a negligent or rash act done to endanger human life. Thus, the essential ingredients of the offence were absent. In our considered opinion, the well reasoned and well considered judgment of the High Court does not call for interference, more so, when the High Court has made it clear that the order would not come in the way of the respondent No.2 in instituting any civil proceedings against the petitioner in respect of any grievance, if permissible in law, which would then be considered and decided in accordance with law.” (Emphasis supplied) The Apex Court affirms the findings of the High Court qua Section 285 of the IPC holding that the accused must have done something with fire or any combustible matter in a rash or negligent manner to endanger human life. The petitioner is not alleged to have done any such act or the driver of the lorry of the petitioner. The allegation is that, diesel was being transported in the diesel tanker for sale without invoice. This can hardly become an ingredient of the offence punishable under Section 285 of the IPC. Therefore, this becomes a fit case for exercise of jurisdiction of this Court under Section 482 of the Cr.P.C. to obliterate the crime at the stage of FIR itself, in tune with the postulates laid down by the Apex Court in the case of STATE OF HARYANA v. BHAJANLAL2…" 10. On the aforesaid twin counts of the complaint being preferred beyond the period of limitation, and the fact that the alleged act does not meet the ingredients of 2 1992 Supp.(1) SCC 335 - 5 - NC: 2025:KHC:3055 CRL.P No. 13102 of 2024 Section 285 of the I.P.C., if further proceedings are permitted to continue, it would become contrary to law and result in miscarriage of justice. Therefore, this becomes a fit case for exercise of this Court's jurisdiction under Section 482 of the Cr.P.C., to obliterate the crime. 11. For the aforesaid reasons, the following: ORDER i) The criminal petition is allowed; and ii) The proceedings in C.C.No.56902/2019, pending on the file of the X Additional Chief Metropolitan Magistrate, Bengaluru, qua the petitioners, stand quashed.” 4. In view of the undisputed fact that the aforesaid judgment is directly and squarely applicable to the facts in hand,proceedings qua the petitioner deserves to be quashed. 5. In the result, I pass the following: ORDER i) The petition is hereby allowed. ii) The proceedings in C.C.No.57216/2019 arising out of Crime No.75/2019 on the file of X Additional Chief - 6 - NC: 2025:KHC:3055 CRL.P No. 13102 of 2024 Metropolitan Magistrate, Bengaluru for the offences punishable under Section 285 of the Indian Penal Code 1860 and Section 25 of Karnataka Fire Force Act, 1964, qua the petitioner are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 115