- 1 - NC: 2025:KHC-D:3121 CRL.P No. 101912 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 101912 OF 2023 (482(Cr.PC)/528(BNSS)) BETWEEN: SRIKANT S/O. MALLAPPA ABBIGERI AGE. 36 YEARS, OCC. POLICE OFFICER, R/O. AT RAYAREDDY COLONY, KUKNOOR, TQ. KUKNOOR, DIST. KOPPAL-583231. …PETITIONER (BY SRI. H.N.GULARADDI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH KOPPAL TRAFFIC POLICE STATION, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA DHARWAD, BENCH AT DHARWAD-580001. 2. SHRI. GUNDAPPA S/O. AMARAPPA KURANAL AGE. 45 YEARS, OCC. POLICE DAR KOPPAL, DIST. TQ: KOPPAL-583231. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; NOTICE TO R2-SERVED) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO, QUASH THE ORDER OF TAKING OF COGNIZANCE AND ISSUANCE OF SUMMONS DATED 08.07.2021 IN C.C.NO. 1206/2021 PASSED BY THE PRL. CIVIL JUDGE (JR.DN.) AND JMFC JUDGE KOPPAL FOR THE OFFENCES P/U/SEC. 279, OF IPC AND R/W SEC. 177, 185 OF INDIAN MOTOR VEHICLES ACT, 1988 AND THEREBY QUASH ENTIRE PROCEEDINGS IN KOPPAL TRAFFIC PS CRIME NO.10/2021, PRODUCED AT ANNEXURE-D. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.19 13:15:40 +0530 - 2 - NC: 2025:KHC-D:3121 CRL.P No. 101912 of 2023 ORAL ORDER 1. The petitioner, who has been charge-sheeted for the offences punishable under Section 279 of the Indian Penal Code and Sections 177 and 185 of the Motor Vehicles Act, 1988, is before this Court seeking relief. 2. The prosecution alleges that on April 3, 2021, at about 9:20 p.m., the accused, while intoxicated, rode his motorcycle in a rash and negligent manner and collided with the rear of a car parked on the roadside by the complainant. 3. The Court heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent No.1/State. 4. A departmental enquiry was initiated against the petitioner on the same set of charges. In the enquiry, the complainant stated that the accused did not smell of alcohol at the time of the accident; however, the department ruled that the petitioner was negligent in riding the motorcycle and imposed a minor penalty. It is acknowledged that the car was parked by the complainant without displaying any parking indicators to warn motorists. 5. The complainant, in the departmental enquiry, stated that the accused was not smelling of alcohol at the time of the alleged accident, whereas the drunkenness certificate indicates that the accused had consumed alcohol beyond the permissible limit. - 3 - NC: 2025:KHC-D:3121 CRL.P No. 101912 of 2023 6. Although the complainant was served notice of this petition, he has not chosen to appear before the Court in person or through counsel, suggesting that he is unlikely to support the prosecution’s case. The probability of the petitioner’s conviction is remote, and in such circumstances, the continuation of criminal proceedings against the petitioner would constitute an abuse of the process of law. 7. Accordingly, the petition is allowed, and the impugned proceedings in CC No.1206/2021, pending before the Civil Judge and JMFC, Koppal, are hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh List No.: 1 Sl No.: 31