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2023 Supreme(Kar) 317

M. NAGAPRASANNA
D. K. Shivakumar, S/o D. K. Kempegowda – Appellant
Versus
State Of Karnataka – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SRI. ARNAV A. BAGALWADI, ADVOCATE
For the Respondent: SRI. MAHESH SHETTY, HCGP

ORDER :

The petitioner is before this Court calling in question an order dated 25.01.2021 by which the concerned Court takes cognizance of the offences pursuant to PCR.No.1453/2021 and registers a C.C.No.3169/2022 for offences punishable under Section 51(b) of the Disaster Management Act, 2005 ('Act' for short) and Section 188 of the Indian Penal Code, 1860 ('IPC' for short).

2. Heard Sri. Arnav A. Bagalwadi, learned counsel appearing for the petitioner and Sri. Mahesh Shetty, learned HCGP appearing for respondents No.1 and 2.

3. The brief facts that leads the petitioner to this Court in the subject petition as borne out from the pleadings are as follows:

The petitioner along with others are said to have taken out a protest with about 350 people against the BBMP regarding increase of property tax. The allegation is, it was taken, despite the guidelines of Covid-19 existing at that point in time. The crime comes to be registered on 04.01.2022 on the said allegation. The learned Magistrate by his order dated 25.01.2022, takes cognizance of the offence and registers a C.C.No.25317/2022 and issue summons to the accused. The petitioner is accused No.1. The taking of cognizance is what drive

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