- 1 - NC: 2025:KHC-D:2387 CRL.P No. 102016 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 102016 OF 2023 (482(CR.PC)/528(BNSS)) BETWEEN: DR. BASAVARAJ S/O PRABHAPPA BOMMANAHALLI, AGE: 46 YEARS, OCC: DIRECTOR, GADAG INSTITUTE OF MEDICAL SCIENCES, MULAGUND ROAD, MALLASAMUDRA, GADAG-582 103. … PETITIONER (BY SRI. CHETAN MUNNOLI, ADVOCATE) AND: MANJUNATH S/O PARASHURAM GULED, AGE: MAJOR, OCC: CHIEF OFFICER, PATTAN PANCHAYAT MULAGUND-582 117, (OFFICER, FST RURAL TEAM GADG CONSTITUENCY-66) ADDRESS: PATTAN PANCHAYAT, MULAGUND. … RESPONDENT (BY SRI. ASHOK T. KATTIMANI, AGA) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC NO.607/2023 ON THE FILE OF THE II ADDL. CIVIL JUDGE AND JMFC II, GADAG REGISTERED FOR THE OFFENCES PUNISHABLE U/S 188 OF IPC, VIDE ANNEXURE-A IN RESPECT OF PETITIONER/ACCUSED IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION IS COMING ON FOR ADMISSION, 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: 2025.02.11 15:51:49 +0530 - 2 - NC: 2025:KHC-D:2387 CRL.P No. 102016 of 2023 ORAL ORDER 1. The cognizance taken for the offence punishable under Section 188 of the Indian Penal Code, 1860 (for short, ‘IPC’), is impugned in this petition. 2. The respondent filed a private complaint under Section 200 of the Code of Criminal Procedure, 1973 (for short, ‘Cr.PC’), alleging that while discharging his duty as a member of the flying squad during the assembly elections, the Assistant Commissioner informed the complainant that the petitioner was canvassing in favor of Sri S.V. Sankanur at the Director’s Office in the District Hospital without obtaining prior permission from the government. It is further alleged that when the complainant, along with the flying squad, visited the Director’s Office, it was discovered that a graduation ceremony was being celebrated, and during that event, the petitioner, without obtaining permission, entered the meeting hall and canvassed in favor of the BJP candidate for five to ten minutes. 3. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondent-State. 4. A perusal of the complaint reveals that, while it is alleged that the petitioner violated the model code of conduct, there is no reference to any witness who actually observed the incident. Section 188 of the IPC pertains to disobedience to an order duly promulgated by a public servant. Furthermore, Section 195 of the Cr.PC, which deals with prosecutions for contempt of lawful authority of public servants, offences against public justice, and - 3 - NC: 2025:KHC-D:2387 CRL.P No. 102016 of 2023 offences relating to documents given in evidence, explicitly states that no Court shall take cognizance of any offence punishable under Sections 172 to 188 of the IPC, except on a complaint in writing by the public servant concerned or by another public servant to whom the former is administratively subordinate. 5. In the present case, the complaint was filed by the Chief Officer, Taluk Panchayat, Mulagund. However, the petitioner- accused is not a subordinate of the complainant. Therefore, the complaint filed by the respondent lacks the requisite authority. Even if the oral allegation that the petitioner was canvassing on behalf of the BJP is accepted at face value, there is no material evidence to substantiate the claim, nor is there a list of witnesses who allegedly observed the incident. 6. In view of the above, the continuation of criminal proceedings against the petitioner would amount to an abuse of the process of law. ORDER i) The petition is allowed. ii) The impugned proceedings in CC No.607/2023 pending on the file of the learned II Addl. Civil Judge and JMFC II, Gadag is hereby quashed. iii) Pending applications, if any, are disposed of as not surviving for consideration. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM/CT:BCK