Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:27447 CRL.P No. 3931 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 3931 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN:
1.
SRI RAMESH P R S/O LATE RUDRAMURTHY AGED ABOUT 59 YEARS, EX-MLC, RESIDING AT NO. 144, L.B.F. ROAD, PARVATHIPURA, BENGALURU-560 004
2.
SRI. NAGARAJ, S/O SRI.RANGAIAH, AGED ABOUT 52 YEARS, NO.1/201, ASHKTHA POSHAKA SABHA ROAD, PARVATHIPURA, BENGALURU-560 004
3. SRI.RAMESH, S/O SRI. RANGASWAMY, AGED ABOUT 40 YEARS, RESIDING AT MASJIDH ROAD, 2ND MAIN, PARVATHIPURA, BENGALURU-560 004
4. SMT.SOWBHAGYA, W/O SRI.DEVAPPA, AGED ABOUT 47 YEARS, RESIDING AT 2ND MAIN ROAD, PARVATHIPURA, BENGALURU-560 004 …PETITIONERS (BY SRI. SURESH BABU B N., ADVOCATE)
Digitally signed by CHANDANA B M Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:27447 CRL.P No. 3931 of 2025
AND:
1.
STATE OF KARNATAKA BY V.V.PURAM POLICE STATION, V.V.PURAM BENGALURU-560 018 RESPONDENT MAY BE SERVED ON THE STATE SPP, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, BENGALURU-560 001
2.
SRI.SANTHOSH UDACHANA, S/O FATHER NAME NOT KNOWN, AGED MAJOR, SUB-INSPECTOR OF POLICE, V V PURAM POLICE STATION, BENGALURU-560 018 …RESPONDENTS (BY SMT. SOWMYA R., HCGP)
THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.13789/2021 ON THE FILE OF THE XLII A.C.M.M AT BENGALURU REGISTERED BY V.V.PURAM POLICE BENGALURU FOR THE OFFENCE P/U/S 51(B) OF THE DISASTER MANAGEMENT ACT AND SEC.188 OF IPC.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioners have sought for the following reliefs:-
“ (a) Quash the entire proceedings in C.C.No.13789/2021 on the file of the XLII Additional Chief Metropolitan Magistrate at Bengaluru registered by
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HC-KAR NC: 2025:KHC:27447 CRL.P No. 3931 of 2025
V.V.Puram Police, Bangalore for the offences punishable under Section 51 (B) of the Disaster Management ct, 2005 and section 1188 of the Indian Penal Code.
(b) To pass such other suitable orders as this Hon’ble court may deem fit to grant in the fats and circumstances of the case.”
2. Heard learned counsel for the petitioners and learned HCGP for respondents – State and perused the material on record.
3. A perusal of the material on record will indicate that the 2nd respondent – Police Sub-Inspector, V.V.Puram Police Station, Bangalore city filed the impugned private complaint against the petitioners for alleged offences punishable under Section 188 IPC and Section 51B of the Disaster Management Act, 2005, pursuant to which, the trial court took cognizance of the said offences vide
order dated 27.05.2021 and issued summons to the petitioners, who are before this Court by way of the present petition seeking quashment of the impugned proceedings.
4. In this context, a perusal of the impugned complaint, FIR, charge sheet material etc., is sufficient to come to the conclusion that necessary ingredients constituting the alleged offences are conspicuously absent and are not forthcoming from the material on
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HC-KAR NC: 2025:KHC:27447 CRL.P No. 3931 of 2025
record. Under these circumstances, continuation of the impugned proceedings qua the petitioners, who were part of a peaceful protest voicing and ventilating their legitimate grievances would amount to an abuse of process of law warranting interference by this Court in the present petition..
5. Accordingly, I pass the following:
ORDER
(i) Petition is hereby allowed. (ii) The impugned proceedings in C.C.No.13789/2021 registered by the respondents, pending on the file of XLII ACMM, Bangalore, insofar as the petitioners are concerned are hereby quashed.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
MDS/SRL List No.: 3 Sl No.: 2