- 1 - HC-KAR NC: 2026:KHC:26226 WP No. 23579 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI WRIT PETITION NO. 23579 OF 2021 (GM-RES) BETWEEN: 1. MS. AYUSHI UPPAL D/O VIRENDARA UPPAL AGED ABOUT 25 YEARS R/AT NO. A24/1003 HAPPY VAILY COMPLEX TAKUJINWADI ROAD, NEAR TAKUJINWADI CHATLASAR THANE WEST, APNA BAZAR THANE MAHARASHTRA - 400 610. 2. MS. SEHRISH HAZARIKA D/O SADRI ALI HAZARIKA AGED ABOUT 24 YEARS R/AT NO. 43, SYED AMIR ALI AVENUE, QUEST MALL, KOLKATA, BALLYGUNGE, KOLKATA WEST BENGAL - 700 019. 3. MS. MUGDHA KINJAWADKAR D/O UPENDRA KINJAWADKAR AGED ABOUT 25 YEARS RA/T NO. B-8/601, 602, SAFAL COMPLEX, SECTOR 19A, NERUAL EAST, THANE NAVI MUMBAI, MAHARASHTRA - 400 615. Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:26226 WP No. 23579 of 2021 4. MR. IZNALLAH ISLAM S/O MUNAZIRUL ISLAM AGED ABOUT 33 YEARS, R/AT 3, S.F.B-2/7, BAHADURPUR HOUSING COLONY, KANKARBAGH, SAMPATCHAK, B.H. COLONY PATNA, BIHAR - 800 026. 5. MS. A.R. VASAVI D/O LATE A.D. RAMEGOWDA AGED ABOUT 63 YEARS R/AT APT G-327, BRIGADE COURTYARD, HMT MAIN ROAD, BENGALURU - 560 013. 6. MR. GULAB PASHA S/O ABDUL RAHEEM AGED ABOUT 36 YEARS R/AT 6A, 12/2B, 40 FEET ROAD KONAKA NAGAR, BENGALURU - 560 078. …PETITIONERS (BY SRI. B.T. VENKATESH, ADVOCATE-VC) AND: STATE OF KARNATAKA BY S.J. PARK POLICE STATION BENGALURU - 560 001, REP BY STATE PUBLIC PROSECUTOR. …RESPONDENT (BY SMT. SOWMYA R, HCGP) - 3 - HC-KAR NC: 2026:KHC:26226 WP No. 23579 of 2021 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SEC. 482 OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.7537/2020 PENDING BEFORE LEARNED VI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BANGALORE, ARE IN VIOLATION OF THE RIGHTS OF THE PETITIONERS GUARANTEED UNDER ARTICLES 14, 15, 19 AND 21 OF THE CONSTITUTION OF INDIA AND IN VIOLATION OF THE ORDERS PASSED BY THIS HONBLE COURT AS PER THE ANNEXURE-D1 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Challenging proceedings in C.C.no.7537/2020 on file of VI Additional Chief Metropolitan Magistrate, Bangalore, at Annexure-D1, this writ petition is filed. 2. Sri B.T.Venkatesh, learned counsel for petitioners submitted that on 19.12.2019, petitioners along with hundreds of others had gathered peacefully for expressing their dissent against Citizenship (Amendment) Act, 2019. However, police - 4 - HC-KAR NC: 2026:KHC:26226 WP No. 23579 of 2021 apprehended them and taken to Silver Jubilee Park Police Station and after collecting their particulars let off. 3. It was submitted that petitioners were pursuing their Master's Programme in Public Policy from NLSIU, Bangalore and were shocked to receive a WhatsApp message later informing registration of complaint and filing of charge sheet for offences punishable under Sections 143, 147, 153, 290 read with Section 149 of IPC under impugned proceedings. 4. It was submitted that entire basis of allegations against petitioners was based on their assembly being in violation of Order of Prohibition issued by Commissioner of Police, Bangalore on 18.12.2019. It was submitted notification of order of prohibition issued by Commissioner was challenged before this Court in Sowmya R. Reddy v. State of Karnataka and others reported in 2020 SCC OnLine Kar 1527 wherein Division Bench of this Court was pleased to quash notification. 5. In view of above since very basis of charges against petitioners ceased, therefore, continuation of proceedings - 5 - HC-KAR NC: 2026:KHC:26226 WP No. 23579 of 2021 against petitioners for offences alleged would be an abuse of process of law and sought for quashing of same. 6. On other hand, Smt.Sowmya R., learned High Court Government Pleader opposes petition. 7. Heard learned counsel and perused material on record. 8. At outset, a perusal of decision in Sowmya R. Reddy's case (supra) would reveal that prohibitory order passed by Commissioner of Police under Section 144 of Cr.P.C. on 18.12.2019 was under challenge in writ petition. Order of prohibition was apparently issued to curtail protest against Citizenship (Amendment) Act, 2019 and included assembly in which petitioners participated peacefully. Quashing of notification of prohibition would remove basis for assembly being termed unlawful. 9. Petitioners are charged with commission of offences punishable under Sections 143, 147, 153, 290 read with Section 149 of IPC. Section 143 of IPC provides punishment for 'unlawful assembly'. In view of quashing of order of prohibition under Section 144 of Cr.P.C., petitioners' participation in - 6 - HC-KAR NC: 2026:KHC:26226 WP No. 23579 of 2021 assembly cannot be termed as unlawful. Likewise, offence under Section 147 of IPC provides punishment for rioting main ingredient of which would be use of force or violence by an 'unlawful assembly'. Perusal of contents of Annexure-B, complaint or Annexure-C, charge sheet do not indicate any ingredients or basis to substantiate either use of force or violence by an unlawful assembly. 10. Likewise, main ingredient of offence under Section 153 of IPC involves provocation to any person to indulge in rioting, which are absent in complaint while Section 290 of IPC provides punishment for offence of causing public nuisance. 11. Section 268 of IPC defines 'Public Nuisance' as person who does any act or is guilty of an illegal omission resulting in common injury, danger or annoyance to public or to people in general who dwell or occupy property in vicinity, which allegations are also absent in instant case. In absence of any basis for offences, continuation of proceedings against petitioners would amount to abuse of process of law. 12. In view of above, Writ Petition is allowed, proceedings in C.C.no.7537/2020 pending on file of VI - 7 - HC-KAR NC: 2026:KHC:26226 WP No. 23579 of 2021 Additional Chief Metropolitan Magistrate, Bangalore against petitioners stand quashed. Sd/- (RAVI V HOSMANI) JUDGE HNM List No.: 1 Sl No.: 12