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2025 DAILYLAW 44346 (KAR)

ASHOK VENKATESH ANVEKAR v. STATE OF KARNATAKA

CRL.P/102236/2024 · 2025-02-24

Hemant Chandangoudar

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:3691 CRL.P No. 102236 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 102236 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: ASHOK VENKATESH ANVEKAR AGE. MAJOR, OCC. ADVOCATE AND EX.GENERAL SECRETARY HUBBALLI, ADVOCATE ASSOCIATION, R/O. PATIL GALLI, TQ. HUBBALLI, DIST. DHARWAD-580001. …PETITIONER (BY SRI. V.M.SHEELVANT, ADVOCATE) AND: 1. STATE OF KARNATAKA PSI APMC NAVANAGAR, BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD. 2. K. RAMARAJAN DCP (LAW AND ORDER), BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580001. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO, QUASH THE COMPLAINT AND FIR REGISTERED AGAINST THE PETITIONER/ACCUSED NO.1 IN APMC NAVANAGAR POLICE STATION CRIME NO.92/2021 PENDING ON THE FILE OF III SENIOR CIVIL JUDGE AND JMFC COURT, HUBBALLI, FOR THE OFFENCES PUNISHABLE U/S 143, 147, 149, 153, 295A, 298, 353 AND 504 OF IPC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.28 12:29:51 +0530 - 2 - NC: 2025:KHC-D:3691 CRL.P No. 102236 of 2024 CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner challenges the registration of the FIR for offences punishable under Sections 143, 147, 149, 153, 295A, 298, 353, and 504 of the IPC. 2. The respondent No.2 alleged that the FIR states that on 17.10.2021, from 3:30 p.m. to 10:30 p.m., members of the Bhajarang Dal and other Hindu Sangha groups formed an unlawful assembly in front of the APMC Police Station, protesting the immediate arrest of the pastor of Bhairidevara Koppa Church. The complainant, upon receiving this information, went to the spot and informed the crowd that he was investigating in accordance with the law and instructed them not to disturb the peace and order in the locality. 3. The petitioner, who is the Secretary of the Advocates’ Association, Hubballi, was also part of the unlawful assembly. He began abusing the police department in filthy language, abused the complainant, incited the crowd by requesting the suspension of the complainant, and obstructed police officers in the discharge of their duties. 4. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondents. 5. Even if the allegations made against the petitioner are accepted on their face, they do not constitute the offence alleged against him. Although the FIR was registered on 19.10.2021, the - 3 - NC: 2025:KHC-D:3691 CRL.P No. 102236 of 2024 police have not conducted an investigation to date. Therefore, the petitioner cannot be subjected to an indefinite investigation, which clearly implies that there is insufficient material to file a charge sheet against him. In such circumstances, the continuation of the investigation would amount to an abuse of the process of law. 6. Accordingly, the petition is allowed, and the impugned FIR in Crime No. 92/2021, pending on the file of the learned III Senior Civil Judge and JMFC Court, Hubballi, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM Ct:vh List No.: 1 Sl No.: 45