- 1 - HC-KAR CNR: KAHC010134072020 NC: 2026:KHC:51914 CRL.P No. 2698 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL PETITION NO.2698 OF 2020 BETWEEN: 1. RIYAZ PARNGIPETE @ MOHAMMED REAZ S/O JEPPU CHAIBAVOO AGED ABOUT 37 YEARS R/AT NO.14-143-1A(2) MADDA HOUSE, PERLIYA B MOODA, BANTWAL JODUMARGA DAKSHINA KANADA-574219 2. SAHUL S H @ SHAHUL HAMEED SECRETARY DISTRICT SDPI MANGALORE S/O OF BAVA BYARI AGED ABOUT 49 YEARS R/AT NO.14/48, MADDA HOSUE PERLIYA B MOODA, BANTWAL JODUMARGA DAKSHINA KANNADA-574219 …PETITIONERS (BY SRI. MOHAMMED TAHIR, ADVOCATE) AND: 1. STATE BY MANGALORE EAST POLICE MANGALORE CITY REP. BY STATE PUBLIC PROSECUTOR Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010134072020 NC: 2026:KHC:51914 CRL.P No. 2698 of 2020 HIGH COURT COMPLEX BUILDING BANGALORE-560001 2. VISHWANATH N POLICE OFFICER HC-2162 MANGALORE EAST POLICE STATION MANGALORE CITY …RESPONDENTS (BY SRI SUHAS GOWDA M, HCGP) THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE COMPLAINT AND FIR IN CR.NO.179/2019 AT ANNEXURE-A RESPONDENT POLICE PENDING ON THE FILE OF THE HONBLE 6TH JMFC COURT, MANGALURU CITY FOR THE OFFENCE P/U/S 124A, 153, 34 OF AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER Heard the learned counsel appearing for the respective parties. 2. This petition is filed praying this Court to quash the complaint and FIR in Cr.No.179/2019 against the petitioners who are accused Nos.1 and 2 for the offences punishable under Sections 124A, 153 and 34 of IPC. - 3 - HC-KAR CNR: KAHC010134072020 NC: 2026:KHC:51914 CRL.P No. 2698 of 2020 3. The counsel appearing for the petitioners would submit that a false case has been registered against the petitioners invoking the offences under Sections 124A and 153 of IPC. The allegation made in the complaint does not constitute the ingredients of the alleged offences. The FIR is very clear that an accusation is made against the petitioners that they are going to make the protest in accordance with law and the same is not against the ingredients of the offences under Sections 124A or 153 of IPC. 4. Per contra, the counsel appearing for the State would submit that even though such statement is made, the same is communicated in social media through WhatsApp group and the same attracts the ingredients of the alleged offences. 5. Having heard the learned counsel appearing for the respective parties and also considering the material available on record, it discloses that the contents of the complaint as well as the allegation made in the FIR is that the petitioners are going to make the protest in accordance with law. When such allegation is made, the FIR and complaint also disclose the - 4 - HC-KAR CNR: KAHC010134072020 NC: 2026:KHC:51914 CRL.P No. 2698 of 2020 same, if any such protest is made in accordance with law, the same does not attract the ingredients of the offences under Sections 124A and so also 153 of IPC and even if it is transpired through the WhatsApp group also, the same not amounts to any threat to the country to invoke Sections 124A and 153 of IPC. When such being the case, it is a fit case to exercise the powers under Section 482 of Cr.P.C or otherwise, it amounts to an abuse of process which leads to miscarriage of justice. 6. In view of the discussions made above, I pass the following: ORDER (i) The petition is allowed. (ii) The complaint and FIR in Cr.No.179/2019 against the petitioners who are accused Nos.1 and 2 for the offences punishable under Sections 124A, 153 and 34 of IPC is hereby quashed. - 5 - HC-KAR CNR: KAHC010134072020 NC: 2026:KHC:51914 CRL.P No. 2698 of 2020 (iii) In view of disposal of the main petition, I.A. if any, does not survive for consideration and the same stands disposed of. Sd/- (H.P.SANDESH) JUDGE SN