- 1 - HC-KAR CNR: KAHC010253372025 NC: 2026:KHC:44966 CRL.P No. 5767 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 5767 OF 2025 BETWEEN: ANIL KUMAR C S/O S. CHIKKAMADU AGED ABOUT 36 YEARS R/O H.D. KOTE TALUK ANTHONY NAGARA, VTC - NAGANAHALLI PO - NAGANAHALLI DISTRICT MYSURU - 571 114, RETURNED CANDIDATE OF H.D. KOTE ASSEMBLY CONSTITUENCY. …PETITIONER (BY SRI. VENKATESH DALWAI, ADVOCATE) AND: 1. SRI. NANJAIAH FATHERS NAME NOT KNOWN AGE NOT KNOWN FLYING SQUAD INSPECTOR KASABA 2, H.D. KOTE TALUK MYSORE DISTRICT - 571 114. 2. THE ELECTION COMMISSION OF INDIA NIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI - 110 001 …RESPONDENTS (BY SRI. S.R. DODWAD, ADVOCATE FOR R2; R1 IS SERVED AND UNREPRESENTED) Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010253372025 NC: 2026:KHC:44966 CRL.P No. 5767 of 2025 THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDING IN C.C NO.523/2023, PURSUANT TO THE PRIVATE COMPLAINT IN PCR NO.66/2023 DATED 27.04.2023, PENDING ON THE FILE OF CIVIL JUDGE AND JMFC, H.D KOTE FOR THE O/P/U/S 188 OF THE IPC, 1860. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayer: "WHEREFORE, the Petitioner humbly prays that this Hon'ble court be pleased to call for records and quash the entire proceedings in C.C.No.523/2023, pursuant to the private complaint in PCR No.66/2023 dated 27.04.2023, pending on the file of Civil Judge and J.M.F.C., H.D.Kote, for the offence punishable under section 188 of the Indian Penal Code, 1860, in the interest of justice." 2. Heard Sri. Venkatesh Dalwai, learned counsel appearing for the petitioner and Sri. S.R. Dodwad, learned counsel appearing for respondent No.2. - 3 - HC-KAR CNR: KAHC010253372025 NC: 2026:KHC:44966 CRL.P No. 5767 of 2025 3. Sri. Venkatesh Dalwai, learned counsel appearing for the petitioner would submit that the issue in the lis stands completely answered by the judgment rendered by the Co-ordinate Bench of this Court. 4. Sri. S.R. Dodwad, learned counsel appearing for respondent No.2 would not dispute the position of law, as is laid down by the Co-ordinate Bench. 5. The Co-ordinate Bench in Crl.P.No.7228/2023 and connected matters disposed on 27.02.2024 has held as follows: "The fact matrix of both these cases is substantially similar and they arise from the very same complaint as well wherein violation of the provisions of Section 188 of Indian Penal Code, 1860 has been alleged. Cognizance having been taken by the learned Judge of the Court below, process has been issued to the accused/petitioners. That is how they are before this court seeking quashment of the same. 2. Learned Sr. Advocate Mr.Aruna Shyam appearing for the petitioners submits that the cognizance of the offence could not have been taken by the court below, the private complaint filed u/s 200 of the Code of Criminal Procedure, 1973, for the subject offence itself being incompetent. In support of this, he banks upon of a Coordinate Bench decision in W.P.No.13328/2018 (GM- RES) between SRI. RAJASHEKHARANANDA SWAMIJI AND ANOTHER vs. STATE OF KARNATAKA, disposed off on 18.6.2021. He further submits that the provisions of Section 195 of the Code of Criminal Procedure, 1973 - 4 - HC-KAR CNR: KAHC010253372025 NC: 2026:KHC:44966 CRL.P No. 5767 of 2025 having been held mandatory by the Apex Court in SALONI ARORA V. STATE (NCT OF DELHI), (2017) 3 SCC 286, the quashment has to be granted by this court. 3. Learned Addl. SPP appearing for the respondent opposes the petitions contending that there can be delegation of power to lodge the complaint and therefore, in such an event, the author who promulgated the order in question need not go before the court to complain. Even otherwise, according to him, the arguable infirmity not going to root of the matter, no relief can be granted to the petitioners, as prayed for. So contending, he seeks dismissal of the petitions. 4. Having heard the learned counsel for the parties and having perused the Petition Papers, this court is inclined to grant relief to the petitioners, broadly agreeing with the submission made on their behalf. Similar question had cropped up before the Coordinate Bench in Rajashekharananda Swamiji supra. A paragraphs 8 & 10 of the judgement, it is observed as under: “8. Reading of the above provision makes it clear that to take cognizance there should be a written complaint and such complaint should be filed either by the officer issuing such promulgation order or the officer above his rank. In the case on hand, as per the complaint itself, prohibitory order under Section 144 of IPC was promulgated by the Commissioner of Police and not the complainant. 10. Then the question is Annexures-A to D get vitiated only so far as the offence under Section 188 of IPC. In para 8 of the judgment in State of Karnataka v. Hemareddy1, the Hon'ble Supreme Court held as follows: “8. We agree with the view expressed by the learned Judge and hold that in cases where in the course of the same transaction an offence for which no complaint by a Court is - 5 - HC-KAR CNR: KAHC010253372025 NC: 2026:KHC:44966 CRL.P No. 5767 of 2025 necessary under Section 195(1)(b) of the Code of Criminal Procedure and an offence for which a complaint of a Court is necessary under that sub- section, are committed, it is not possible to split up and hold that the prosecution of the accused for the offences not mentioned in Section 195(1)(b) of the Code of Criminal Procedure should be upheld.” (Emphasis supplied)” The above observations come to the aid of petitioners. 5. The vehement submission of learned Addl. SPP that there can be delegation of “power to complain” in terms of promulgated order in question, is bit difficult to countenance in the absence of such delegation being demonstrated from the text of the said order itself. It has been a settled position of law vide In Re Delhi Laws Act, 1951 SCC OnLine SC 45 that a delegate cannot further delegate: delegatus non potesta potestas delegare. Contra having not been shown, the contention of the kind cannot be countenanced. In view of the above, these petitions being meritorious are allowed to meet the ends of justice and to prevent the abuse of process of the court; the impugned proceedings in C.C.No.24636/2022 pending on the file of learned VI Addl. Chief Metropolitan Magistrate, Bengaluru, are quashed." 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: ORDER (i) The criminal petition is allowed. - 6 - HC-KAR CNR: KAHC010253372025 NC: 2026:KHC:44966 CRL.P No. 5767 of 2025 (ii) The proceedings in C.C.No.523/2023 pursuant to private complaint in PCR No.66/2023 pending on the file of Civil Judge and J.M.F.C., H.D. Kote, stands quashed. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 16