- 1 - NC: 2025:KHC-K:2446 CRL.P No. 200242 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 200242 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: RAJABHASKAR S/O MALLAPPA GOLAGERI, AGE:32 YEARS, OCC: LEGAL PRACTITIONER, R/O. GHATTARGA, TQ.AFZALPUR, DIST.KALABURAGI …PETITIONER (BY SRI GAWALI DEEPAK K, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH ITS AFZALPUR POLICE STATION, TQ.AFZALPUR, DIST.KALABURAGI R/BY HGPP HIGH COURT OF KARNATAKA, KALABURAGI – 585103. 2. MANOHAR S/O BHIMARAYA BILLAD, AGE:39 YEARS, OCC: COOLI, R/O. GHATTARGA, TQ.AFZALPUR, DIST.KALABURAGI. …RESPONDENTS (BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R1; SRI BHARMAGOUDA K. PATIL, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 OF CR.P.C.(OLD) U/SEC 528 OF BNSS, PRAYING TO, QUASH THE FIR INITIATED BY RESPONDENT NO. 1 AGAINST THE PETITIONER FOR THE OFFENCES PUNISHABLE U/SEC 352 OF BNS 2023, FIR NO. 475/2024 CRIME NO. 322/2024 PENDING BEFORE THE CIVIL JUDGE AND JMFC AFZALPUR POLICE STATION AFZALPUR P.S DIST KALABURAGI. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2446 CRL.P No. 200242 of 2025 CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) This petition is filed by the petitioner/accused seeking to quash the FIR and its consequential proceedings initiated by respondent No.1 against the petitioner for the offence punishable under Sections 352 of BNS, 2023. 2. The factual matrix of the case: It is the case of prosecution that, the complainant stated to be followers of members of State Legislative Assembly stated in his complaint that the petitioner herein knowingly with intention to insult the said MLA posted some derogatory comments in the Social Media and also insulting him in different Forums. Hence, he filed a complaint seeking to take suitable action against the petitioner. 3. The respondent police after receiving the complaint, registered the case in NCR No.PO-16102406-00033/2024 under section 352 of BNS, 2023 and approached the jurisdictional Magistrate after obtaining the permission, registered FIR in Cr.No.352/2024. - 3 - NC: 2025:KHC-K:2446 CRL.P No. 200242 of 2025 4. Heard Sri. Gawali Deepak K, learned counsel for the petitioner and Sri. Jamadar Shahabuddin, learned HCGP for respondent No.1 and Sri. Bharmangowda K Patil, learned counsel for respondent No.2. 5. It is the submission of the learned counsel for the petitioner that a false complaint has been registered against the petitioner by making false and baseless allegations without any proof for having insulted the local MLA, therefore, the FIR has to be quashed. 6. Per contra, the learned High Court Government Pleader submitted that after registering the FIR, investigation was conducted and the same is under process. At this stage, if the FIR is quashed, it would be caused injustice. Allowing the Investigating Officer to conduct investigation in such cases are required. Hence, it is appropriate to reject the petition. 7. Having heard learned counsel for the respective parties and on perusal of the averments of the complaint, it appears from the record that the petitioner is stated to have posted some derogatory comments on the local MLA, hence, a complaint came to be registered against him. Prima-facie the - 4 - NC: 2025:KHC-K:2446 CRL.P No. 200242 of 2025 respondent police followed the procedure in registering the FIR for the offences punishable under Sections 352 of BNS, 2023. More over, the investigation is under progress, hence, it is not appropriate to quash the proceedings. 8. Hence, I proceed to pass the following: ORDER The criminal petition stands rejected. Sd/- (S RACHAIAH) JUDGE JS/- List No.: 1 Sl No.: 50 CT:PK