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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R.KRISHNA KUMAR, J
Mavalli Shankar S/o Muniswamappa – Appellant
Versus
State of Karnataka – Respondent
ORDER :
1. In this petition, the petitioners seek the following reliefs:
“WHEREFORE, it is prayed that this Hon'ble Court be pleased to:
(i) Quash the order (date not forthcoming in the order sheet) taking cognizance of offence under Section 269 of the INDIAN PENAL CODE , 1860, against the Petitioners and the proceedings in C.C. No. 50077/2023 pending on the file of the Learned X Additional Chief Metropolitan Magistrate, Bangalore, produced herewith as ANNEXURE-B;
(ii) Pass such other orders/ directions as this Hon'ble Court may deem fit in the facts and circumstances of the case, in the interests of justice.”
2. Heard the learned Counsel for the petitioners and learned High Court Government Pleader for the respondent and perused the material on record.
3. A perusal of the material on record will indicate that in the first instance, pursuant to the complaint dated 07.02.2022 filed by the complainant, an FIR was registered in Crime No.32/2022 against the petitioners herein, i.e., accused Nos.1 to 3, 6, 7 and 9 and other accused persons for the offences punishable under Sections 188 and 269 of IPC and Section 51 (b) of Disaster Management Act, 2005. In pursuance to the same, the responde
A Magistrate cannot legally take cognizance of an offence under Section 269 of IPC if the primary offence under Section 188 and related charges are not actionable.
Cognizance under Section 188 IPC requires a written complaint by a competent public servant; absence of this renders proceedings void. Knowledge or belief of infection is essential for culpability un....
Cognizance under Section 188 IPC requires a written complaint from a competent authority, and knowledge of infection is essential for Sections 269 and 270 IPC; lack of these elements renders proceedi....
Cognizance of offences under the Disaster Management Act and Epidemic Diseases Act requires specific allegations and compliance with procedural requirements, which were absent in this case.
The court emphasized the need for a simpler procedure in dealing with petty offences and criticized the delay in disposing of cases related to violation of orders under the Disaster Management Act, 2....
The registration of FIR under Section 188 IPC without a written complaint from the concerned public servant is impermissible and renders the proceedings void ab initio.
(1) Investigation of non-cognizable cases – Even if police receives any such complaint relating to non-cognizable offence, police cannot start investigation without there being a green signal from Ma....
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