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2026 DAILYLAW 27958 (KAR)

SRI SADAT ALI KHAN v. STATE OF KARNATAKA BY

CRL.P/8562/2026 · 2026-07-06

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:33880 CRL.P No. 8562 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 8562 OF 2026 BETWEEN: SRI SADAT ALI KHAN S/O PAHETE ALI KHAN AGED ABOUT 43 YEARS R/AT HARATALE VILLAGE NANJNAGUDU TALUK MYSURU DISTRICT - 571 315 …PETITIONER (BY SRI. GAURAV SUBRAMANYAM, ADVOCATE) AND: 1. STATE OF KARNATAKA BY SRIRANGA PATNA TOWN POLICE STATION MANDYA DISTRICT REP BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU - 560 001 2. SMT BHAVITHA N M POLICE SUB INSPECTOR AGED ABOUT 45 YEARS ARAKERE POLICE STATION SRIRANGA PATNA TALUK MANDYA DISTRICT - 571 415 …RESPONDENTS (BY SMT. WAHEEDA M.M., HCGP) Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:33880 CRL.P No. 8562 of 2026 THIS CRL.P IS FILED U/S 482 CR.P.C. (U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS INITIATED AS AGAINST THE PETITIONER IN C.C.NO.179/2019 ARISING OUT OF CR.NO.336/2017, PENDING BEFORE THE ADDL. CIVIL JUDGE AND JMFC COURT, SRIRANGAPATNA, AT MANDYA, FOR THE OFFENCES P/U/S 143, 144, 147, 188, 149 OF IPC, U/S 108 OF K.P ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Heard the learned counsel Sri. Gaurav Subramanyam, appearing for the petitioner, Smt. Waheeda H.M., learned HCGP appearing for respondent Nos.1 and 2 and have perused the material on record. 2. The petitioner is before this Court, seeking the following prayer: "a. Quash the criminal proceedings against the petitioner in CC No.2844/2021 on the file of the Hon'ble Addl. Civil Judge and JMFC, Gubbi, charged with offense punishable under section 269,270,271 R/w 188 of IPC. In the interest of justice and equity. - 3 - HC-KAR NC: 2026:KHC:33880 CRL.P No. 8562 of 2026 b) To grant any other relief as the court deemed fit in the fact and circumstance of the case in the interest of justice and equity." 3. Learned counsel appearing for the petitioner would submit that the issue in the lis stands covered by the judgment rendered by the Co-ordinate Bench of this Court in W.P.No.4699/2023 and connected matters disposed on 02.07.2025, wherein it 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 IPC 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 - 4 - HC-KAR NC: 2026:KHC:33880 CRL.P No. 8562 of 2026 Sections 143, 144, 147, 188, 149 of IPC and Section 108 of Karnataka Police Act, 1963; 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 IPC 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 IPC 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 IPC 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 JMFC, Srirangapatna, for the offences punishable under Sections 143, 144, 147, 188, 149 of IPC and Section 108 of Karnataka Police Act, 1963; 10. Petitioner in W.P.No.29456/2024 who are arraigned as accused No.1 seeking quashing of criminal - 5 - HC-KAR NC: 2026:KHC:33880 CRL.P No. 8562 of 2026 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) (ii) Salman and others Vs. State by Hunsur Town PS and another (Salman) 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 Commissioner, according to which procession, rally, open meeting and use of banners, - 6 - HC-KAR NC: 2026:KHC:33880 CRL.P No. 8562 of 2026 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 IPC 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, - 7 - HC-KAR NC: 2026:KHC:33880 CRL.P No. 8562 of 2026 54, 59, 60 and 65, is 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 - 8 - HC-KAR NC: 2026:KHC:33880 CRL.P No. 8562 of 2026 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 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." - 9 - HC-KAR NC: 2026:KHC:33880 CRL.P No. 8562 of 2026 In the light of the order passed by the Co-ordinate Bench of this Court (supra) and for the reasons aforementioned, the following: ORDER (i) The Criminal Petition is allowed. (ii) The proceedings in C.C.No.179/2019 pending before the Additional Civil Judge and JMFC Court, Srirangapatna, Mandya, stand quashed, qua the petitioner. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 156