- 1 - HC-KAR NC: 2025:KHC:50520 CRL.P No. 15420 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 15420 OF 2025 BETWEEN: PUTTARAMU S/O HONNEGOWDA, AGED ABOUT 52 YEARS, YATHAMBADI, MALAVALLI TALUK, MANDYA DISTRICT-571 421. …PETITIONER (BY SRI. K.A. CHANDRASHEKARA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY THE POLICE OF MALAVALLI TOWN POLICE STATION, MALAVALLI, MANDYA DISTRICT-571 430. REPRESENTED THROUGH THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. 2. MALLIKARJUNASWAMY M. FATHER'S NAME NOT KNOWN TO THIS PETITIONER MAJOR IN AGE, ASSISTANT DIRECTOR CITRICULTURE DEPARTMENT, MALAVALLI SUB DIVISION, MALAVALLI, MANDYA DISTRICT-571 430. …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:50520 CRL.P No. 15420 of 2025 THIS CRL.P IS FILED U/S.482 CR.P.C (FILED U/S.528 BNSS) PRAYING TO CALL FOR RECORDS AND QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.1320/2018 NOW PENDING ON THE FILE OF THE LEARNED I ADDL. CIVIL JUDGE AND JMFC., MALAVALLI FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 188 OF IPC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER The proceedings in CC No.1320/2018 pending before the learned I Additional Civil Judge and JMFC, Malavalli are sought to be quashed in this petition, on the ground that under Section 195(1)(a) of Cr.P.C., there is a bar for the Courts to take cognizance of the offences mentioned therein, including Section 188 of IPC, which is invoked in the present case, except on a complaint in writing of the Public Servant concerned or of some other Public Servant to whom he is administratively subordinate. - 3 - HC-KAR NC: 2025:KHC:50520 CRL.P No. 15420 of 2025 2. Admittedly, in the present case, FIR is registered against the petitioner for the offence under Section 188 of IPC. On submission of the chargesheet by the police, cognizance has been taken by the learned Magistrate for the said offence. There is no complaint filed before the jurisdictional Magistrate in writing as contemplated under Section 195 of Cr.P.C. 3. The learned counsel for petitioner has relied on a judgment reported in 2018 4 KarLJ 695 in Thipparaju S/o Siddappa Hawaldar v. State of Karnataka, wherein under similar circumstances, this Court has quashed the proceedings. 4. The proceedings initiated against the petitioner being contrary to law, the same is an abuse of process of the Court. Accordingly, the following: ORDER Petition is allowed. - 4 - HC-KAR NC: 2025:KHC:50520 CRL.P No. 15420 of 2025 The entire proceeding in CC No. 1320/2018 pending on the file of the Court of I Additional Civil Judge and JMFC, Malavalli is quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 58