- 1 - NC: 2025:KHC-D:3843 CRL.P No. 101057 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO.101057 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: SRI. SADASHIVA KORTI AGE. 34 YEARS, OCC. INSPETOR OF EXCISE, R/O. H.NO.1, 1ST FLOOR, MRITYUNJAY AARTMENT, MAHANTESH NAGAR, BELAGAVI, DIST. BELAGAVI-590001. …PETITIONER (BY SRI. A.C.CHAKALABBI AND ASSOCIATES, ADVOCATE) AND: THE STATE OF KARNATAKA (BY EXCISE POLICE STATION, KHANAPUR), RE BY SPP, HIGH COURT BUILDING, DHARWAD. …RESPONDENT (BY SRI. ASHOK T.KATTIMANI, AGA) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. (U/S.528 OF BNSS, 2023) SEEKING TO ALLOW THIS PETITION AND QUASH THE COMPLAINT AND FIR IN CRIME NO.29/2022- 23/3402IE/340207 AND CHARGE SHEET NO.TCS/29/2022- 23/3402IE/340207 AGAINST THE PETITIONERS/ACCUSED NO.3, WHICH IS PENDING BEFORE THE PRL. CIVIL JUDGE AND JMFC COURT, KHANAPUR, FOR OFFENCES P/U/S 32(1), 34, 38(A), 43 OF KE ACT IN CC NO.2441/2024 IN RESPECT OF THE PETITIONERS HEREIN. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka, Dharwad Bench Date: 2025.03.01 12:14:23 +0530 - 2 - NC: 2025:KHC-D:3843 CRL.P No. 101057 of 2025 ORAL ORDER The petitioner-accused No.3, who has been charge-sheeted for offences punishable under Sections 11, 14, 15, 32(1), 34, 38A, and 43 of the Karnataka Excise Act, 1965, is before this Court seeking relief. 2. The prosecution alleges that the petitioner-accused Nos.3, who is working as Inspector of Excise and Police Sub- Inspector of Excise, seized 452 cartons of liquor from a vehicle that was transporting the liquor unlawfully. The liquor was seized and kept in the Godown at the range office. Subsequently, higher authorities directed a raid at the Godown, stating that the petitioners had stacked liquor in excess of the seized quantity. Pursuant to these directions, a search and seizure operation was conducted, and an additional 202 cartons of liquor were found, in addition to the 452 cartons that had already been seized in relation to the crime. 3. Accused Nos.1 and 2 had approached this Court in Crl.P.No.100552/2025, this Court vide order dated 05.02.2025 quashed the proceeding against petitioners therein observing as follows: “4. After considering the arguments presented by the learned counsel for the parties, the following is noted: a. Admittedly, the offence alleged against the petitioners is cognizable, and therefore, before conducting the investigation, the respondent, upon receiving directions from the higher authorities, was required to either register - 3 - NC: 2025:KHC-D:3843 CRL.P No. 101057 of 2025 the FIR or record the information in the Station House Diary. b. The Co-ordinate Bench of this Court, in identical circumstances, after reviewing the decision of the Apex Court, held that excise officials conducted a raid without registering the FIR based on credible information received by them. Therefore, it is apparent from the record that the procedure prescribed under Section 154 of the Cr.P.C. was not followed, and as such, the FIR is untenable. 5. In the present case, Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) Act, 2023, which deals with the reporting of information on cognizable offences, states that every information relating to the commission of a cognizable offence shall be reported in writing. Before conducting an investigation, the registration of the FIR is mandatory. 6. In the instant case, the respondent conducted the investigation without registering the FIR or recording the reason in writing in the Station House Diary in case of exigences if it is apprehended that the offender may escape and destruction of evidence. As a result, the investigation conducted, culminating in the taking of cognizance of the alleged offences, stands vitiated due to non-compliance with the mandatory provisions contained in Section 173 of the BNSS Act, 2023. 7. In such circumstances, continuation of the criminal proceedings would amount to an abuse of the process of law.” 4. In view of the above, I order the following: ORDER i) The Criminal Petition is allowed. - 4 - NC: 2025:KHC-D:3843 CRL.P No. 101057 of 2025 ii) The impugned proceedings in C.C.No.2441/2024, pending on the file of the Prl. Civil Judge and JMFC Court, Khanapur, insofar it relates to the petitioner herein is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE TIN Ct:vh List No.: 4 Sl No.: 5