DATED

28.06.2022

VIDE

PCR

NO.54122/2022 TAKING COGNIZANCE OF THE OFFENCE P/U/S

31 R/W 103 OF KARNATAKA POLICE ACT AND SECTION 188 OF

IPC AGAINST THE PETITIONERS CURRENTLY PENDING ON THE

FILE OF 42nd ACMM, BENGALURU IN C.C.NO.25317/2022.ii.

QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.25317/2022

PENDING ON THE FILE OF 42nd ACMM, BENGALURU AGAINST

THE PETITIONERS FOR THE OFFENCE P/U/S.188 OF IPC SEC.31

R/W SEC.103 OF KARNATAKA POLICE ACT FILED BY THE

RESPONDENT NO.1 SHIVAJINGAR POLICE.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

THE COURT MADE THE FOLLOWING:

ORDER

Heard Smt. Sumathi Paulin, learned counsel appearing

for the petitioners and Sri. B.N.Jagadeesha, the learned

Additional

Special

Public

Prosecutor

along

with

Smt.K.P.Yashodha, the learned High Court Government Pleader

appearing for the respondents.

2.

The petitioners are before this Court calling in

question the proceedings in C.C.No.25317/2022 registered for

- 3 -

offence punishable under Section 31 read with Section 103 of

the Karnataka Police Act and Section 188 of the Indian Penal

Code. The petitioners are accused Nos.3 and 12.

3.

The learned counsel for the petitioners would

submit that the issue in the case at hand stands covered by the

judgment rendered by the Co-ordinate Bench of this Court in

Crl.P.No.3431/2023, disposed of on 14.07.2023, wherein

this Court has held as follows:

“

3.

The allegations is holding of a protest

during the period, in which, the Standard Operating

Procedure (for short hereinafter referred to as 'SOP')

of Covid-19 was in operation.

4.

Learned counsel for the petitioner would

contend that for an offence to become punishable

under Section 188 IPC, the lawful orders of Deputy

Commissioner/District Magistrate/Taluka Magistrate

should have been violated. The violation here is of

other orders of State.

5.

Be that submission as it may.

6.

What

merits

consideration,

at

this

juncture is the manner, in which, the cognizance is

taken and summons are issued to the accused. The

Court records the filing of complaint and issues

- 4 -

summons to accused Nos.1 to 13 through the

jurisdictional police.

7.

The order reads as follows:

"Office to Register this case in CC

Register

and

issue

notice

to

the

complainant and issue summons to the

accused No.1 to 13, through jurisdictional

Police Station Rtb.by 26.08.2022."

The order on the face of it, does not reflect any

application of mind.

8.

The Hon'ble Apex Court in the case of

PEPSI FOODS LTD., VS. SPECIAL JUDICIAL

MAGISTRATE - (1988) 5 SCC 749 and in the case

of

FAKHRUDDIN

AHMAD

VS.

STATE

OF

UTTARPRADESH AND ANOTHER – (2008) 17

SCC 157 has delineated the issue of learned

Magistrate requiring to apply the mind while issuing

summons on taking cognizance of the offences.

9.

In the light of the aforesaid judgments

and

the

order

taking

cognizance

as

quoted

hereinabove, permitting further proceedings would

become an abuse of the process of law, albeit, prima

facie.

10.

Therefore, for the aforesaid reasons, the

petition

is

allowed.

The

proceedings

in

C.C.No.25317/2022 pending on the file of 42^nd

ACMM, Bengaluru for the offences punishable under

- 5 -

Section 188 of IPC and Section 31 r/w Section 103 of

the Karnataka Police Act stands quashed qua the

petitioner.”

4.

The position in law is not disputed by the learned

Additional Special Public Prosecutor representing the State.

5.

In

the

light

of

the

order

passed

by

the

Co-ordinate Bench of this Court (supra) and for the reasons

aforementioned, the following:

ORDER

(i)

The Criminal Petition is allowed.

(ii)

The

proceedings

in

C.C.No.25317/2022

pending on the file of the 42nd Additional

Chief Metropolitan Magistrate, Bengaluru,

qua the petitioners, stand quashed.

Sd/-

JUDGE

KG

List No.: 1 Sl No.: 15