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2025 Supreme(Online)(KAR) 569

HIGH COURT OF KARNATAKA
S.VISHWAJITH SHETTY
PRASAD – Appellant
Versus
THE STATE OF KARNATAKA – Respondent


Petitioner Advocates:GURURAJ V HASILKAR ,Respondent Advocate:

ORAL ORDER

(PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused No.2 is before this Court under Section 528 of BNSS, 2023 with a prayer to quash the entire proceedings in C.C.No.1711/2020, pending before the Court of III Additional Civil Judge and JMFC, Kalaburagi, arising out of Crime No.23/2020 registered by Chowk Police Station, Kalaburagi, for the offences punishable under Sections 143, 269, 270, 353, 188 read with Section 149 of IPC.

2. Heard learned counsel for the parties.

3. Learned counsel for the petitioner submits that in view of bar under Section 195 of Cr.P.C., the police could not have registered a case invoking Section 188 of IPC. He also submits that none of the accused persons had tested positive for Covid-19 and therefore, the alleged offences punishable under Section 269 and 270 of IPC also do not get attracted. For extraneous reasons, the police officials have filed a false complaint against the petitioner.

Accordingly, he prays to allow the petition.

4. Per contra, learned High Court Government Pleader has opposed the petition. He submits that accused persons have interfered where the police officials were discharging their duty and it

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