- 1 - HC-KAR CNR: KAHC010650042023 NC: 2026:KHC:50873 CRL.P No. 12983 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12983 OF 2023 BETWEEN: 1. ABDUL MAJID S/O MADEKOLA, AHMAD HASAINAR AGED ABOUT 55 YEARS R@ NO. 1279, 1ST FLOOR, 1ST STAGE NEAR GUPTA STORE, RAJIV NAGAR MYSORE - 570 007. 2. ALPHONS FRANCO S/O BYAPTIST FRANCO AGED BOUT 56 YEARS R/O 3-94, INCHARA HOUSE, KUVETTU BELTHANGADY, D.K. - 584 224. 3. BHASKAR PRASAD S/O RAMPRASAD AGED ABOUT 48 YEARS OLD R/O RIHITH NAGAR, NELAMANGALA BANGALORE RURAL - 562 123. 4. ANANDA MITTHABAIL S/O BAIARAMUGERA AGED ABOUT 59 YEARS OLD R/AT MITHABAI, KOMBARU VILLAGE BELTHANGADY TALUK D.K. 574 229. 5. RIYAZ S/O REHIMAN HAJI AGED ABOUT 33 YEARS OLD R/O 4-41A BEDRAKADU HOUSE VITLA PADNURU VILLAGE BANTWAL TALUK, D.K. - 574 243. 6. NAVAZ SHAREEF S/O KASIM AGED ABOUT 33 YEARS OLD Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010650042023 NC: 2026:KHC:50873 CRL.P No. 12983 of 2023 R/O 5 CENTS, GENDADI THENKAKARANDURU BELTHANGADY, D.K - 574 217. 7. AKBAR S/O P.H. HASANBBA AGED ABOUT 48 YEARS R/O 6/85, COURT ROAD SANJAYA NAGARA BELTHANGADY KADABA D.K. 574 214. 8. MOHAMMAD HANEEF P S/O ABDUL KADHER AGED ABOUT 47 YEARS R/O 1-71, BORUGUDDE HOUSE KUKKULA, POONJALAKATTE BELTHANGADY TALUK - 574233. 9. MOHAMMAD ASHFAK M S/O ABEDUL AZEEZ M AGEDA BOUT 41 YEARS R/O MANJALAPALKE KUKKALA POONJALAKATTE BELTHANGADY, D.K - 574 233. 10. MAHAMMAD NISAR S/O T.H. IBRAHIM AGED ABOUT 44 YEARS R/O KUDRADKA HOUSE THANNIRUPANTA VILLAGE BELTHANGADY TALUK, D.K. - 574 326. 11. ASHRAF B S/O ABOOBAKKAR AGED ABOUT 40 YEARS R/O NEAR BASADI, THANNIRUPANTA VILLAGE, BELTHANGADY TALUK D.K. - 574 326. …PETITIONERS (BY SRI ABDUL ANSAR P, ADV.) - 3 - HC-KAR CNR: KAHC010650042023 NC: 2026:KHC:50873 CRL.P No. 12983 of 2023 AND: 1. STATE BY BELTHANGADI POLICE STATION REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILIDNG AMBEDKAR VEEDHI BENGALURU - 560 001. 2. MAHESH J THE THAHASHILDAR BELTHANGADY TALUK OFFICE BELTHANGADY, D.K. - 574 214. …RESPONDENTS (BY SRI CHANNAPPA ERAPPA, HCGP FOR R-1; R-2 SERVED) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE CRIMINAL PROCEEDINGS INITIATED AGAINST THE PETITIONERS FOR THE OFFENCE P/U /S 143, 188 R/W 149 OF IPC AND SECTION 34, 36, 107, 109 OF KARNATAKA POLICE ACT IN C.C.NO.523/2023 REGISTERED BY THE RESPONDENT BELTHANGADY POLICE STATION, PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND J.M.F.C., BELTHANGADY, D.K. DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. This petition under Section 482 Cr.PC is filed with a prayer to quash the entire proceedings in C.C.No.523/2023 pending before the Court of Prl. Civil Judge & JMFC, - 4 - HC-KAR CNR: KAHC010650042023 NC: 2026:KHC:50873 CRL.P No. 12983 of 2023 Belthangady, arising out of Crime No.21/2022 registered by Belthangady Police Station, Dakshina Kannada District, for the offences punishable under Sections 143, 188 read with 149 IPC and Sections 34, 36, 107, 109 of Karnataka Police Act. 2. Heard the learned Counsel for the parties. 3. Learned Counsel for the petitioners submits that the charge sheet is filed in the present case invoking Section 188 of IPC. He submits that in view of the bar provided under Section 195(1)(a) of Cr.PC, the Trial Court was not justified in taking cognizance of the offence under Section 188 of IPC based on the police report. In support of his arguments, he has placed reliance on the judgment of this Court in W.P.No.13328/2018 (Sri Rajashekharananda Swamiji & another Vs The State of Karnataka) disposed of on 18.06.2021. 4. Learned HCGP who has opposed the petition, does not dispute the submission made by the learned Counsel for the petitioners. - 5 - HC-KAR CNR: KAHC010650042023 NC: 2026:KHC:50873 CRL.P No. 12983 of 2023 5. FIR in the present case is registered based on the complaint received from the Tahsildar of Belthangady Taluk, invoking the offence under Section 188 of IPC. After completing investigation, charge sheet is filed and the learned Magistrate has taken cognizance of the charge sheeted offences and has issued summons to the accused persons. 6. In identical circumstances, this Court in Rajashekharananda Swamiji's case supra, has quashed the similar proceedings. In paragraph nos.6 to 11 of the order passed in W.P.No.13328/2018, it is observed as under: "6. The petitioners seek quashing of Annexures-A to Annexures-D on the ground that the prime offence was under Section 188 of IPC and Section 195 of Cr.P.C. bars taking cognizance of such offences, except upon the complaint as required under Section 200 of Cr.P.C, therefore the whole proceedings are without jurisdiction. 7. As rightly pointed out, Section 188 of IPC is the main offence. The other offences flow from that. Section 195(1)(a) of Cr.P.C. bars the Court to take cognizance of such offence unless in - 6 - HC-KAR CNR: KAHC010650042023 NC: 2026:KHC:50873 CRL.P No. 12983 of 2023 accordance with the procedure laid down therein. Section 195(1)(a) reads as follows: “195. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence (1) No Court shall take cognizance- (a)(i) of any offence punishable under sections 172 to 188 (both inclusive) of the Indian Penal Code, 1860 (45 of 1860 ); or (ii) of any abetment of, or attempt to commit, such offence; or (iii) of any criminal conspiracy to commit such offence, except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate;” 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. - 7 - HC-KAR CNR: KAHC010650042023 NC: 2026:KHC:50873 CRL.P No. 12983 of 2023 9. Further Section 2(d) of Cr.P.C. defines complaint as allegations made orally or in writing to the Magistrate with a view to the Magistrate taking action on such complaint under the Code. Only on such complaint, the Magistrate can take cognizance under Section 190(1)(a) of Cr.P.C. Thereafter the procedure prescribed under Section 200 of Cr.P.C. has to be followed. Therefore the first information report, charge sheet and the order taking cognizance on such charge sheet are without jurisdiction. 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. Hemareddy, 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 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 - 8 - HC-KAR CNR: KAHC010650042023 NC: 2026:KHC:50873 CRL.P No. 12983 of 2023 the Code of Criminal Procedure should be upheld.” (Emphasis supplied) 11. Reading of the above judgment makes it clear that if the offences form part of same transaction of the offences contemplated under Section 195(1) of Cr.P.C, then it is not possible to split up and hold that prosecution of the accused for the other offences should be upheld. Therefore the entire complaint, first information report, charge sheet and the order taking cognizance are liable to be quashed. The petition is allowed." 7. The question that arises for consideration in this petition is squarely covered in the aforesaid judgment rendered by by the coordinate bench of this Court. Under the circumstances, I am of the opinion that the prayer made in this petition needs to be granted. Accordingly, the following order: 8. Petition is allowed. The entire proceedings in C.C.No.523/2023 pending before the Court of Prl. Civil Judge & JMFC, Belthangady, arising out of Crime No.21/2022 registered by Belthangady Police Station, Dakshina Kannada District, for the offences punishable under Sections 143, 188 read with 149 - 9 - HC-KAR CNR: KAHC010650042023 NC: 2026:KHC:50873 CRL.P No. 12983 of 2023 IPC and Sections 34, 36, 107, 109 of Karnataka Police Act, is hereby quashed. Sd/- (S VISHWAJITH SHETTY) JUDGE KK