Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:34019 CRL.P No. 8573 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 8573 OF 2026 BETWEEN:
SRI. SADATHA ALI KHAN S/O PHATE ALI KHAN AGED ABOUT 43 YEARS R/AT NO.152, EWS, 1ST MAIN RAJEEV NAGAR, MYSORE CITY - 570 019. …PETITIONER (BY SRI. GAURAV SUBRAMANYAM, ADVOCATE) AND:
1.
STATE OF KARNATAKA BY SRIRANGAPATNA TOWN POLICE STATION MANDYA DISTRICT, REP. BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU - 560 001.
2.
SRI. SATHISH RPI, DAR AGED ABOUT 48 YEARS SRIRANGA PATNA TALUK MANDYA DISTRICT - 571 415. …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1)
Digitally signed by PADMAVATHI B K Location: High Court of Karnataka
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THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS INITIATED AS AGAINST THE PETITIONER IN CC NO.657/2018 (CRIME NO.333/2017) PENDING ON THE FILE OF THE ADDL.CIVIL JUDGE AND JMFC COURT, SRIRANGAPATNA AT MANDYA FOR THE OFFENCES P/U/S 143, 144, 147, 188, 149 OF IPC AND U/S 108 OF KARNATAKA POLICE ACT.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
Heard Sri. Gaurav Subramanyam, learned counsel appearing for the petitioner and Smt. Rashmi Patel, learned High Court Government Pleader appearing for respondent No.1.
2. The petitioner is before this Court calling in question the proceedings in C.C.No.657/2018 registered for the offence punishable under Sections 147, 188, 149 of the Indian Penal Code, 1860 and Section 108 of the Karnataka Police Act.
3. The learned counsel appearing for the petitioner would submit that the issue in the lis stands covered by the
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judgment rendered by the Co-ordinate Bench in the case of FAROOQ KHAN & OTHERS Vs. STATE BY SRIRANGAPATNA P.S.1, the Co-ordinate Bench has held as follows:
"In these Writ Petitions and criminal petitions filed under Article 227 of the Constitution of India r/w Section 482 and Section 482 of the Code of Criminal Procedure;
2. Petitioners in WP No.4699/2023 who are arraigned as accused Nos.12, 19, 22, 28, 37, 38, 39, 41, 46, 52, 54, 59, 60 and 65, are seeking quashing of criminal proceedings initiated against them in C.C.No.416/2019 (Cr.No.318/2017) on the file of Addl. Civil Judge and JMFC, Srirangapatna, for the offences punishable under Sections 143, 144, 147, 188, 149 of Indian Penal Code, 1860 ('the IPC' for short) and Section 108 of Karnataka Police Act, 1963;
3. Petitioners in Crl.P.No.10868/2022 who are arraigned as accused Nos.1, 9, 21, 30, 31, 43, 48, 50 and 53 are seeking quashing of criminal proceedings initiated against them in C.C.No.180/2019 (Cr.No.334/2017) on the file of Addl. Civil Judge and JMFC, Srirangapatna, for the offences punishable under Sections 143, 144, 147, 188, 149 of IPC and Section 108 of Karnataka Police Act, 1963;
4. Petitioners in Crl.P.No.10984/2022 who are arraigned as accused Nos.2, 8, 14, 17, 18, 28, 37, 38, 45, 48, 49 and 51 are seeking quashing of criminal proceedings initiated against them in C.C.No.140/2019 (Cr.No.335/2017) on the file of Addl. Civil Judge and JMFC, Srirangapatna, for the offences punishable under Sections 143, 144, 147, 188, 149 of IPC and Section 108 of Karnataka Police Act, 1963;
1 W.P.No.4699/2023 and connected matters
disposed on 02.07.2025. - 4 -
HC-KAR NC: 2026:KHC:34019 CRL.P No. 8573 of 2026
5. Petitioners in Crl.P.No.11355/2022 who are arraigned as accused Nos.1, 5, 12, 22, 24, 31, 33, 35, 38, 45 and 54 are seeking quashing of criminal proceedings initiated against them in C.C.No.656/2018 (Cr.No.332/2017) on the file of Addl. Civil Judge and JMFC, Srirangapatna, for the offences punishable under Sections 143, 144, 147, 188, 149 of IPC and Section 108 of Karnataka Police Act, 1963;
6. Petitioners in Crl.P.No.133/2023 who are arraigned as accused Nos.31 and 42 are seeking quashing of criminal proceedings initiated against them in C.C.No.179/2019 (Cr.No.336/2017) on the file of Addl. Civil Judge and JMFC, Srirangapatna, for the offences punishable under Sections 143, 144, 147, 188, 149 of Indian Penal Code, 1860 ('the IPC' for short) and Section 108 of Karnataka Police Act, 1963;
7. Petitioners in Crl.P.No.148/2023 who are arraigned as accused Nos.39 and 64 are seeking quashing of criminal proceedings initiated against them in C.C.No.656/2018 (Cr.No.332/2017) on the file of Addl. Civil Judge and JMFC, Srirangapatna, for the offences punishable under Sections 143, 144, 147, 188, 149 of Indian Penal Code, 1860 ('the IPC' for short) and Section 108 of Karnataka Police Act, 1963;
8. Petitioners in Crl.P.No.155/2023 who are arraigned as accused Nos.17 and 40 are seeking quashing of criminal proceedings initiated against them in C.C.No.180/2019 (Cr.No.334/2017) on the file of Addl. Civil Judge and JMFC, Srirangapatna, for the offences punishable under Sections 143, 144, 147, 188, 149 of Indian Penal Code, 1860 ('the IPC' for short) and Section 108 of Karnataka Police Act, 1963;
9. Petitioners in Crl.P.No.11276/2022 who are arraigned as accused Nos.5, 12, 17, 19, 20, 23, 27, 37, 46, 48, 52 and 57 are seeking quashing of criminal proceedings initiated against them in C.C.No.179/2019 (Cr.No.336/2017) on the file of Addl. Civil Judge and MFC, Srirangapatna, for the offences punishable under Sections 143, 144, 147, 188, 149 of IPC and Section 108 of Karnataka Police Act, 1963;
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HC-KAR NC: 2026:KHC:34019 CRL.P No. 8573 of 2026
10. Petitioner in W.P.No.29456/2024 who are arraigned as accused No.1 seeking quashing of criminal proceedings initiated against them in S.C.No.184/2019 (Cr.No.33/2019) on the file of Prl.District and Sessions Judge, Mysuru, for the offences punishable under Sections 186, 353, 333, 307 of IPC;
11.
In support of the petitions, the petitioners have contended that according to the prosecution on 10.11.2017, during Tippu Sultan Jayanthi, from 6.00 p.m. of 09.11.2017 to 6.00 a.m. on 11.11.2017, curfew was imposed and procession, rally, open meeting and use of banners, buntings, flags, loud speakers, DJ on the vehicles and use of fire crackers were prohibited. Despite the same, around 170 to 250 people including the petitioners took out a procession. When the respondent police tried to stop them, they refused to oblige and continued the procession and in this regard case is registered for the offences punishable under Sections 143, 144, 147, 148, 149 of IPC and Section 108 of Karnataka Police Act, 1963 and after conducting investigation, charge sheet is filed. 11.1 The Court can take cognizance in respect of offence punishable under Section 188 of IPC only on a complaint in writing of public servant concerned or of some other public servant to whom he is administratively subordinate and it is mandatory in nature. In the light of the same, the proceedings against the petitioners are liable to be quashed. 12. In support of his arguments, learned counsel for petitioners has relied upon the following decisions:
(i) Fairoz Ulla Shariff @ Shariff and others Vs.State by Lashkar PS and another (Fairoz Ulla)1
(ii) Salman and others Vs. State by Hunsur Town PS and another (Salman)2
13. Heard arguments and perused the record. 14. Thus, the allegations against the petitioners are that in the back drop of Tippu Sultan Jayanthi, there was prohibitory
order issued by the Deputy
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Commissioner, according to which procession, rally, open meeting and use of banners, buntings, flags, loud speakers, DJ on the vehicles and use of fire crackers were prohibited. In this regard, police personnel were on duty. However, around 170 to 250 people including the petitioners took out a procession. When the respondent police tried to stop them, they refused to oblige and continued the procession and in this regard case is registered for the offences punishable under Sections 143, 144, 147, 148, 149 of Indian Penal Code, 1860 ('the IPC' for short) and Section 108 of Karnataka Police Act, 1963 and after conducting investigation, charge sheet is filed.
15. The learned counsel for petitioners submitted that as per Section 195 Cr.P.C in case of prosecution for contempt of lawful authority of public servants, for offences against public justice and for offence relating to documents given in evidence, the Court is required to take cognizance only on a complaint filed under Section 200 Cr.P.C by the public servant or the Court as the case may be. However, in the present case on the basis of first information of the police officer, criminal case was registered and ultimately, charge sheet is filed. In the absence of complaint by the public servant, the Court cannot take cognizance.
16. In the light of the fact that the main offence alleged is punishable under Section 188 of the IPC, which is covered by 195 of Cr.P.C, the complaint was required to be filed either by the officer issuing the prohibitory
order or an officer above his rank. Admittedly, the prohibitory
order was issued by the Deputy Commissioner. However, the complaint under Section 200 of Cr.P.C is not filed by the Deputy Commissioner or an officer above his rank, but the investigation was initiated on the basis of first information given by a police officer. Therefore, the trial Court has erred in taking cognizance and as such the criminal proceedings are liable to be quashed and accordingly the following:
ORDER
(i) W.P.No.4699/2023 filed by accused Nos.12, 19, 22, 28, 37, 38, 39, 41, 46, 52, 54, 59, 60 and 65, is
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allowed. The criminal proceedings in C.C.No.416/2019 (Cr.No.318/2017) on the file of Addl. Civil Judge and JMFC, Srirangapatna, for the offences punishable under Sections 143, 144, 147, 188, 149 of IPC and Section 108 of Karnataka Police Act, 1963 is hereby quashed. (ii) Crl.P.No.10868/2022 filed by accused Nos.1, 9, 21, 30, 31, 43, 48, 50 and 53 is allowed. The criminal proceedings in C.C.No.180/2019 (Cr.No.334/2017) on the file of Addl. Civil Judge and JMFC, Srirangapatna, for the offences punishable under Sections 143, 144, 147, 188, 149 of IPC and Section 108 of Karnataka Police Act, 1963 are quashed. (iii) Crl.P.No.10984/2022 filed by accused Nos.2, 8, 14, 17, 18, 28, 37, 38, 45, 48, 49 and 51 is allowed. The criminal proceedings in C.C.No.140/2019 (Cr.No.335/2017) on the file of Addl. Civil Judge and JMFC, Srirangapatna, for the offences punishable under Sections 143, 144, 147, 188, 149 of IPC and Section 108 of Karnataka Police Act, 1963 is hereby quashed. (iv) Crl.P.No.11355/2022 filed by accused Nos.1, 5, 12, 22, 24, 31, 33, 35, 38, 45 and 54 is allowed. The criminal proceedings in C.C.No.656/2018 (Cr.No.332/2017) on the file of Addl. Civil Judge and JMFC, Srirangapatna, for the offences punishable under Sections 143, 144, 147, 188, 149 of IPC and Section 108 of Karnataka Police Act, 1963 is hereby quashed. (v) Crl.P.No.133/2023 filed by accused Nos.31 and 42 is allowed. The criminal proceedings in C.C.No.179/2019 (Cr.No.336/2017) on the file of Addl. Civil Judge and JMFC, Srirangapatna, for the offences punishable under Sections 143, 144, 147, 188, 149 of IPC and Section 108 of Karnataka Police Act, 1963 is hereby quashed. (vi) Crl.P.No.148/2023 filed by accused Nos.39 and 64 is allowed. The criminal proceedings in C.C.No.656/2018 (Cr.No.332/2017) on the file of Addl. Civil Judge and JMFC, Srirangapatna, for the
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offences punishable under Sections 143, 144, 147, 188, 149 of IPC and Section 108 of Karnataka Police Act, 1963 is hereby quashed. (vii) Crl.P.No.155/2023 filed by accused Nos.17 and 40 is allowed. The criminal proceedings in C.C.No.180/2019 (Cr.No.334/2017) on the file of Addl.
Civil Judge and JMFC, Srirangapatna, for the offences punishable under Sections 143, 144, 147, 188, 149 of IPC and Section 108 of Karnataka Police Act, 1963 is hereby quashed. (viii) Crl.P.No.11276/2022 filed by accused Nos.5, 12, 17, 19, 20, 23, 27, 37, 46, 48, 52 and 57 is allowed. The criminal proceedings in C.C.No.179/2019 (Cr.No.336/2017) on the file of Addl. Civil Judge and JMFC, Srirangapatna, for the offences punishable under Sections 143, 144, 147, 188, 149 of IPC and Section 108 of Karnataka Police Act, 1963 is hereby quashed. (ix) W.P.No.29456/2024 filed by accused No.1 is allowed. The criminal proceedings in S.C.No.184/2019 (Cr.No.33/2019) on the file of Prl.District and Sessions Judge, Mysuru, for the offences punishable under Sections 186, 353, 333, 307 of IPC is hereby quashed. (x) The Registry is directed to send a copy of this
order to the trial Court through e-mail."
4. In the light of the issue standing covered by
judgment rendered by the Co-ordinate Bench and the facts being undisputed, the petition stands disposed on the same terms.
5. For the aforesaid reasons, the following:
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ORDER (i) The criminal petition is allowed; (ii) The proceedings in C.C.No.657/2018 pending on the file of Additional Civil Judge and JMFC Court, Srirangapatna at Mandya stands quashed.
Sd/- (M.NAGAPRASANNA) JUDGE
JY List No.: 1 Sl No.: 26