- 1 - HC-KAR NC: 2025:KHC:38103 CRL.P No. 2361 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 2361 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. WAZEER KHAN S/O KALANDAR KHAN AGED ABOUT 70 YEARS #104, 7TH CROSS, 2ND MAIN, ARFATHH NAGAR, PADARAYANAPURA BANGALORE -560 026. 2. IRFAN AHAMAD Z S/O ZIKRIA AHMED AGED ABOUT 34 YEARS # 88/2, 2ND MAIN, 3RD CROSS, PADARAYANAPURA WEST BANGALORE - 560 026. 3. IRSHAD AHAMED S/O ZIKRIA AHMED AGED ABOUT 34 YEARS # 88/2, 2ND MAIN, 3RD CROSS, PADARAYANAPURA WEST BANGALORE -560 026. 4. ARSHAD PASHA S/O ALTAF PASHA AGED ABOUT 25 YEARS 5TH CROSS, ARAFTH NAGAR, PADARAYANAPURA BANGALORE - 560 026. …PETITIONERS (BY SRI. SIRAJUDDIN AHMED, ADVOCATE) Digitally signed by MADHURI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38103 CRL.P No. 2361 of 2025 AND: 1. STATE OF KARNATAKA BY J.J.NAGAR POLICE STATION REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE -560 001. 2. VENKATESH YT J.J.NAGAR POLICE STATION BANGALORE - 560 026. …RESPONDENTS (BY SRI. ANOOP KUMAR, HCGP) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE CHARGE SHEET IN CC.NO. 12477/2020 OF JAGAJEEVANRAM NAGAR P.S FOR THE O/P/U/S 143, 147, 148, 353, 332, 269, 27 R/W 149 AND OF IPC AND SECTIONS 3, 4 OF PREVENTION OF DESTRUCTION AND LOSS OF PROPERTY ACT AND SECTION 51(B) OF 23 NATIONAL DISASTER MANAGEMENT ACT. PENDING ON THE FILE HONBLE COURT OF 37TH ACJM AT BANGALORE AGAINST THE PETITIONERS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Learned counsel for the petitioners, while reiterating the grounds urged in the present petition, has drawn the attention of this Court to the fact that the very same allegations forming the subject matter of the present case were earlier considered - 3 - HC-KAR NC: 2025:KHC:38103 CRL.P No. 2361 of 2025 by this Court in a batch of petitions, namely Crl.P.No.5913/2022 and connected matters. It is pointed out that in those petitions, which arose out of the very same Crime No.70/2020 and culminated in the filing of the final report, this Court has quashed the proceedings against several co-accused who were similarly placed. Learned counsel would therefore contend that, in view of the said authoritative pronouncement, the continuation of proceedings against the present petitioners in C.C.No.12477/2020 would be wholly unsustainable in law. 2. The petitioners have now placed on record a copy of the judgment rendered by the co-ordinate Bench of this Court in the said batch of matters. A perusal of the judgment would indicate that the proceedings against accused Nos.7 to 61, who were arrayed as co-accused in C.C.No.12477/2020 arising out of Crime No.70/2020, have already been quashed by this Court. On examining the reasoning and findings recorded therein, this Court is of the considered view that the allegations and circumstances against the present petitioners stand on the same footing as those considered in the earlier batch. Consequently, in the light of the judgment rendered by the co- - 4 - HC-KAR NC: 2025:KHC:38103 CRL.P No. 2361 of 2025 ordinate Bench, the proceedings now pending against the petitioners in C.C.No.12477/2020 cannot be permitted to survive. "20. The Hon'ble Supreme Court in view of the judgment of Hon'ble Supreme Court, the coordinate bench of this Court, also taken the similar view in the case of "Rajashekharananada Swamiji" stated supra that without filing the complaint under Section 2(d) of Cr.P.C., question of filing FIR and charge sheet and taking cognizance cannot be sustained. Therefore, the contention of the learned Addl.SPP to split up IPC cases cannot be acceptable. In order to split up the cognizable IPC cases and quashing the non- cognizable cases and proceed with the trial, is not correct and cannot be acceptable. Therefore, in view of the judgment of the Hon'ble Supreme Court and bar under the Cr.P.C., as well as Disaster Management Act, the Criminal proceedings against these petitioners in the above 5 cases are liable to be quashed without going to the veracity of the offence committed by the accused, whether one offence or different offences, in different place of occurrence. Hence, petition deserves to be allowed. Accordingly, all these petitions are allowed. Consequently, the petition filed against the petitioners/accused persons in (i) Crl.P.NO.5832/2022 - 5 - HC-KAR NC: 2025:KHC:38103 CRL.P No. 2361 of 2025 filed by the accused Nos.7 to 61, in C.C.NO.12477/2020, in Crime No.70/2020; (ii) In Crl.P.No.1008/2021 filed by accused No.2 and CRL.P.No.5893/2022 filed by the accused Nos.7 to 126 in Crime No.71/2020, in C.C.NO.13583/2020; (iii) In Crl.P.No.5799/2022, filed by accused Nos.7 to 82, in Crime No.72/2020, in C.C.NO.12821/2020; (iv) Crl.P.No.552/2021 filed by accused No.2 and Crl.P.No.5913/2022, filed by accused Nos.7 to 73, in Crime No.73/2020, in C.C.NO.12397/2020 and (v) In Crl.P.No.5821/2022, filed by accused Nos.7 to 61, in Crime No.74/2020 in C.C.NO.12506/2020, all these crimes filed by Jagajeevanram Nagar police station, which are pending on the file of 37th ACMM, Bengaluru, are hereby quashed." 3. This Court has carefully examined the judgment of the Hon’ble Supreme Court as well as the decision rendered by a co-ordinate Bench of this Court in Rajashekharananda Swamiji’s case, which has been relied upon by the petitioners. In the said decisions, it has been unequivocally held that in the absence of a private complaint as contemplated under Section 2(d) of the Code of Criminal Procedure, 1973, the very registration of FIR, filing of the charge sheet and taking of - 6 - HC-KAR NC: 2025:KHC:38103 CRL.P No. 2361 of 2025 cognizance of offences is impermissible in law and cannot be sustained. 4. The co-ordinate Bench, following the ratio laid down by the Hon’ble Supreme Court, has further clarified that the contention of the learned Addl. SPP, seeking to split up cognizable IPC offences from non-cognizable offences in order to sustain the proceedings, is not legally acceptable. It was categorically observed that such a course of splitting cognizable and non-cognizable offences, quashing one part while continuing the other, would run contrary to the statutory bar contained under the Cr.P.C. as well as the provisions of the Disaster Management Act. Consequently, the co-ordinate Bench held that the criminal proceedings initiated in those matters were liable to be quashed in their entirety, irrespective of whether the allegations constituted one offence or multiple offences at different places of occurrence. 5. In terms of the operative portion of the said judgment, as extracted hereinabove, this Court notices in particular clause (i) thereof, wherein the proceedings pending in C.C.No.12477/2020, arising out of Crime No.70/2020 on the - 7 - HC-KAR NC: 2025:KHC:38103 CRL.P No. 2361 of 2025 file of the learned 37th ACMM, Bengaluru, were specifically quashed insofar as they related to accused Nos.7 to 61. It is therefore manifest from the said decision that the proceedings against the co-accused in the very same case in which the present petitioners are also arraigned, stand quashed by a reasoned order of this Court. 6. The petitioners herein are arrayed as accused Nos.1, 2, 4 and 5 in C.C.No.12477/2020 arising out of the same Crime No.70/2020, on the file of the learned 37th ACMM, Bengaluru. When the allegations against the petitioners are inseparably connected with those against the co-accused, and when the proceedings against the co-accused have already been quashed, this Court is of the view that the petitioners are similarly placed and stand on an identical footing. On the principle of parity and judicial consistency, the petitioners are therefore entitled to the same relief and benefit flowing from the judgment already rendered by the co-ordinate Bench of this Court. 7. In the result, this Court proceeds to pass the following: - 8 - HC-KAR NC: 2025:KHC:38103 CRL.P No. 2361 of 2025 ORDER i) The petition is hereby allowed. ii) Consequently, the impugned proceedings in C.C.No.12477/2020, arising out of Crime No.70/2020, for the offences punishable under Sections 143, 147, 148, 353, 332, 269, 427 read with Section 149 of the IPC, as well as under Sections 3 and 4 of the Prevention of Destruction and Loss of Property Act, and Section 51(B) of the Disaster Management Act, 2005, pending on the file of the learned 37th ACMM, Bengaluru, are hereby quashed insofar as they relate to the present petitioners, namely accused Nos.1, 2, 4 and 5. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE MDS List No.: 1 Sl No.: 0