No sufficient grounds were established to quash the FIR as the Magistrate’s order permitting investigation was justified.

7. Said Order is called in question in this petition on the following grounds:

• “It is submitted that, the petitioner/accused No.1 who is serving as Assistant Engineer, PWD Bidar Sub- Division, Bidar had no any connection whatsoever about the complainant's requisition, RTI application, and intention of getting registered Fisheries Co-operative Society by the respondent No.2 complainant. So, the petitioner No.1 accused had no any personal contacts and the alleged avocation of the respondent No.2 complainant. So, the complainant is totally stranger and there is no any iota of information in the complaint alleged to have been lodged by the respondent No.2 /

complainant.

• It is submitted that the petitioner/ accused No.2 is an practicing Advocate and social worker and also active member of Bharatiya Janata Party, who contested the Vidhana Sabha Election of Karnataka Legislative Assembly during the year 2023 from Bidar constituency and he has well reputed status in the society and he is a social worker to the entire society without there being any discrimination of caste and community. The petitioner / accused No.2 had also no any connection to any of the Fisheries Co-operative Society and the alleged RTI application moved by the respondent No.2-complainant and as such the said complainant is totally stranger to the petitioner/ accused No.2 in all respect.

• It is submitted that the petitioner/accused No.3 is the cousin brother of accused No.1, 2 and 4 and he is serving in imports and exports department as proprietor of Bangalore office and he too had no any connection with the alleged RTI application of the respondent No.2/

complainant.

• It is submitted that the respondent No.2 complainant somehow collected the mobile number of this petitioner and thereby created story that he has made a telephonic call on the mobile number of this petitioner No.2 and there were any exchange of abusive words in vulgar language. So, the respondent No.2 has falsely gave complaint.

• It is submitted that the petitioner/ accused No.4 is serving as Drawing Teacher in Govt. High School, Dhannura-S of Bhalki taluka and he has also no any connection with alleged RTI application made by complainant /respondent No.2 and about idea of getting registered any Fisheries Co-operative Society as alleged in the complaint. So, it is submitted all the petitioner accused have not committed any offence and the respondent police without proper enquiry had hurriedly proceeded in registration of aforesaid criminal case, knowing very well that the petitioner accused No.1 and 2 are the government servant, petitioner accused No.2 is an practicing advocate and social worker, petitioner NO.3 is an employee of import and export department. The respondent police while getting registered the aforesaid case have shown the status of petitioner-accused as common man.

• It is submitted that the Magistrate concerned on receiving the requisition by the I.O. concerned, mechanically granted permission to register the FIR as against the petitioner /accused persons.

• It is submitted that the registration of criminal case by the respondent police at the instigation of respondent No.2, though none of the accused-petitioners have committed any offence as stated in the complaint by the respondent No.2. So, the respondent No.1-police have proceeded in total miscarriage of justice and excess of their powers and also there is open abuse of process of law while registering the case against the petitioners. So, accordingly this Hon'ble Court gets unfeterred powers to quash such false and baseless complaint and FIR, it is rarest and rare case, in which this Hon'ble Court ca