- 1 - HC-KAR NC: 2025:KHC:34996 WP No. 19768 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 19768 OF 2025 (GM-RES) BETWEEN: B. R. BHASKAR PRASAD @ BHASKAR B R S/O LATE. P. RAMAPRASAD, AGED ABOUT 48 YEARS, R/AT LOHITNAGAR, NELAMANGALA, BANGALORE - 562123. NO.3, IN CHARGE SHEET IT IS MENTIONED AS LAWYER AND SECRETARY OF SDP UNION, LOHITH NAGARA, NELAMANGALA, BANGALORE - 562123. …PETITIONER (BY SRI. TAHIR, ADVOCATE) AND: 1. STATE BY UPPARAPET PS REP. BY STATE PUBLIC PROSECUTOR, OFFICE AT, HIGH COURT COMPLEX, OPP. TO VIDHANA SOUDHA, BENGALURU - 560001. 2. MR. VASANTH SH AGED ABOUT 48 YEARS, R/AT, UPPARAPET POLICE STATION, UPPARAPET MAIN ROAD, BENGALURU -560053. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1 & R2) Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34996 WP No. 19768 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, READ WITH SECTION 482 OF CR.P.C. PRAYING TO QUASH THE COGNIZANCE ORDER 14.02.2023 PASSED IN CC NO.4892/2023 AT ANNX-D ARISING OUT OF CRIME NO. 213/2022 REGISTERED BY THE R-1 UPPPARPET POLICE UNDER SECTINO 143, 149, 341, 188 OF IPC AND 103 OF KP ACT 1963 PENDING ON THE FILED OF HON'BLE V ADDL CMM COURT BANGALORE WHEREIN THE PETITIONER ARRIVED AS ACCUSED NO.3. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Petitioner is seeking quashing of the proceedings pending in C.C.No.4892/2023 for the offence punishable under Sections 143, 149, 341, 188 of IPC and 103 of K.P. Act, 1963. 2. The petitioner has approached this Court seeking quashing of the proceedings initiated against him, primarily on the ground that the very registration of the case suffers from a fundamental legal infirmity. It is - 3 - HC-KAR NC: 2025:KHC:34996 WP No. 19768 of 2025 contended that the allegations in the present case pertain to offences punishable under Section 188 of the Indian Penal Code, 1860. Insofar as these offences are concerned, the mandate of Section 195(1)(a)(i) of the Code of Criminal Procedure, 1973, is explicit and categorical. The said provision stipulates that no Court shall take cognizance of an offence under Sections 172 to 188 of IPC, except on a complaint in writing made by the public servant concerned, or by some other public servant to whom he is administratively subordinate. Thus, the procedure prescribed under law makes it abundantly clear that criminal law cannot be set in motion for such offences through the mechanism of a regular First Information Report being registered by the Police. 3. In the present case on hand, however, the records unmistakably disclose that the jurisdictional police have straightaway registered a crime in Crime No.213/2022 against the petitioner for the aforesaid offences. This course of action is clearly contrary to the - 4 - HC-KAR NC: 2025:KHC:34996 WP No. 19768 of 2025 statutory mandate under Section 195(1)(a)(i) Cr.P.C., and therefore renders the very initiation of proceedings legally unsustainable. The learned counsel appearing for the petitioner has drawn the attention of this Court to a catena of decisions rendered by coordinate Benches of this Court, which have consistently held that registration of FIRs by police authorities for offences falling under Sections 172 to 188 of IPC is impermissible. One such decision has been specifically placed on record by the petitioner, which squarely applies to the case on hand. 4. Relying on the ratio laid down in the aforesaid decisions, learned counsel for the petitioner submits that the proceedings in Crime No.213/2022, and consequently the calendar case arising therefrom, stand vitiated ab initio, inasmuch as there is a fundamental flaw in the very launching of prosecution. This contention merits acceptance. - 5 - HC-KAR NC: 2025:KHC:34996 WP No. 19768 of 2025 5. On a pointed query put forth by this Court, the learned Additional State Public Prosecutor, in all fairness, conceded that in respect of offences punishable under Sections 172 to 188 of IPC, prosecution can be initiated only upon a complaint in writing by the concerned public servant, or his superior, as contemplated under Section 195 Cr.P.C., and that registration of FIR by the police is not a valid mode of initiation of proceedings. In light of such concession, this Court has no hesitation in holding that the registration of Crime No.213/2022 before the jurisdictional Police Station, and the subsequent proceedings culminating in C.C.No.4892/2023, are legally untenable and hence liable to be quashed. 6. Accordingly, this Court proceeds to pass the following: ORDER (i) The criminal petition is hereby allowed; (ii) The proceedings pending in C.C.No.4892/2023 (arising out of Crime - 6 - HC-KAR NC: 2025:KHC:34996 WP No. 19768 of 2025 No.213/2022) on the file of the learned V Additional Chief Metropolitan Magistrate Court, Bangalore, for the offences punishable under Sections 143, 149, 341, and 188 of IPC, as well as under Section 103 of the Karnataka Police Act, 1963, insofar as they pertain to the petitioner herein, are hereby quashed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 64