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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 29^TH DAY OF JUNE, 2021

BEFORE

THE HON9BLE MR. JUSTICE SREENIVAS HARISH KUMAR

CRIMINAL PETITION No.1054 OF 2021

BETWEEN

Mr. Virendra Khanna

S/o Sri Ram Khanna

Aged about 35 years

R/at No.301

Pearson Nest Apartment

Langford Road Cross

Richmond Town

Bengaluru 3 560 025

&Petitioner

(By Sri Hasmath Pasha, Senior Counsel for

Sri Kaleem Sabir, Advocate)

AND

1. State of Karnataka by

Ashoknagar Police Station

Bengaluru City 3 560 025

2. Mr. Mohammed Siraj

Police Inspector, CCB Police

Women Protection Branch

Bengaluru 3 560 005

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Both are Represented by

Learned State Public Prosecutor

High Court of Karnataka

&Respondents

(By Sri Mahesh Shetty, HCGP)

This Criminal Petition is filed under Section 482 of

Cr.P.C. praying to quash in FIR Crime No.225/2020 of

Ashoknagar Police Station, Bengaluru for the offences

punishable under Sections 171 and 419 of IPC and

Section 125 of Karnataka Police Act, pending on the file

of the XXIX Addl. CMM, Bengaluru as an abuse of

process of law.

This Criminal Petition coming on for admission this

day through video conferencing, the Court made the

following:

ORDER

This is a petition under Section 482 of Cr.P.C.,

seeking to quash the FIR in Crime No.225/2020

registered by the first respondent police station against

the petitioner for the offence punishable under Section

171 and 419 of IPC and Section 125 of Karnataka Police

Act.

2.

Heard Sri Hasmath Pasha, learned Senior

Counsel appearing on behalf of the counsel for petitioner

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and Sri Mahesh Shetty, learned High Court Government

Pleader for respondents.

3.

The FIR contents show that on 08.09.2020

the police inspector conducted a raid on the house of the

petitioner and during the search he seized certain items

including a police uniform, a belt and a revolver pouch

used by a police officer, a cap of the police officer, a

whistle guard and a stick. The search was conducted in

connection with Crime No.588/2018 registered by the

Banaswadi police station for the offences under the

NDPS Act. Having recorded a panchanama after the

search on 08.09.2020, the first respondent registered a

separate FIR in Crime No.225/2020 for the offences

punishable under Sections 171 and 419 of IPC and

Section 125 of Karnataka Police Act.

4.

It is the argument of Sri Hasmath Pasha,

learned Senior Counsel for the petitioner that, given a

plain reading to the contents of the FIR, they do not

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constitute an offence in relation to the offences alleged

therein. Mere possession of the police uniform does not

constitute an offence under Section 171 of IPC. The

requirement is wearing of uniform to project himself to

be a police officer and create an impression to the

others that he is a police. Such an ingredient being not

found, Section 171 of IPC is not attracted. He further

submits that Section 419 of IPC cannot be invoked,

because, there is no allegation against him that he

impersonated a police officer. Referring to Section 125

of Karnataka Police Act, he submitted that the essential

ingredient is to wear a police uniform. Since the

essential ingredients for none of the offences are

forthcoming, registration of FIR against the petitioner is

illegal and FIR needs to be quashed.

5.

Learned High Court Government Pleader

submits that the petitioner used to wear the uniform in

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the parties being arranged by him and the photographs

to that effect have been published in the social media.

6.

After hearing both the sides, it is to be stated

that for constituting an offence under Section 171 of

IPC, the essential ingredient is that an accused must

wear the police uniform to give a impression to other

that he belongs to police force. Even for invoking

Section 419 of IPC, there must be a case of

impersonation. The essential ingredients for these two

offences are conspicuously absent in t