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NC: 2026:KHC-D:1632

CRL.P No. 102607 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT DHARWAD

DATED THIS THE 4^TH DAY OF FEBRUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE V.SRISHANANDA

CRIMINAL PETITION NO. 102607 OF 2025

(482(CR.PC)/528(BNSS))

BETWEEN:

1. SHRI CHIKKAREVANNA S/O SHRI AJJAPPA,

AGE: 52 YEARS,,

OCC: BUSINESS/SOCIAL SERVICE,

RESIDING AT CHIKKEGOUDAN PALYA,

TALAGATAPUR BENGALURU, ANJANEYA NAGAR,

RAMDURG, TAL. RAMDURG, DIST. BELAGAVI

PIN CODE 591123.

2. SMT. BHAVYA W/O CHIKKAREVANNA,

AGE. 48 YEARS, OCC. HOMEMAKER,

RESIDING AT CHIKKEGOUDAN PALYA,

TALAGHATAPUR BENGALURU,

ANJANEYA NAGAR, RAMDURG,

TAL. RAMDURG, DIST. BELAGAVI

PIN CODE-591123.

…PETITIONERS

Digitally signed by (BY MISS. AKSHATA SAWANT, ADVOCATE FOR

CHANDRASHEKAR

LAXMAN SRI. SURAJ S. MUTNAL, ADVOCATE)

KATTIMANI

Location: High

Court of Karnataka,

Dharwad Bench AND:

THE STATE OF KARNATAKA,

THROUGH THE RAMDURG POLICE ,

REPRESENTED BY THE STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA,

DHARWAD BENCH, DHARWAD

PIN CODE-580011.

…RESPONDENT

(BY SMT. KIRTILATA R. PATIL, HCGP)

THIS CRIMINAL PETITION IS FILED U/S 528 OF BNSS, PRAYING

TO QUASH THE ENTIRE CHARGE SHEET AND ENTIRE PROCEEDINGS IN

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NC: 2026:KHC-D:1632

CRL.P No. 102607 of 2025

HC-KAR

CC NO.755/2023 (RAMDURG P.S. CRIME NO.89/2023) REGISTERED

FOR ALLEGED OFFENCE PUNISHABLE UNDER SECTION 188 OF THE

INDIAN PENAL CODE AND SECTION 7 READ WITH SECTIONS 3 AND 6

OF THE RELIGIOUS INSTITUTIONS (PREVENTION OF MISUSE) ACT,

1988 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND

JUDICIAL MAGISTRATE FIRST CLASS AT RAMDURG, THE CERTIFIED

COPIES OF THE SAME ARE PRODUCED AS ANNEXURES-A AND D, AS

AGAINST THE ACCUSED NOS.1 AND 2/PETITIONERS HEREIN AND ETC.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)

Heard Miss Akshata Sawanth for Sri Suraj S.Mutnal,

learned counsel for petitioner and Smt.Kirtilata R.Patil, learned

High Court Government Pleader for respondent.

2. Petition under Section 482 Cr.P.C. with the following

prayer.

“To quash the entire charge sheet and entire

proceedings in CC No.755/2023 (Ramdurg P.S. Crime

No.89/2023) registered for alleged offence punishable

under Section 188 of the Indian Penal Code and Section

7 read with Sections 3 and 6 of the Religious Institutions

(Prevention of Misuse) Act, 1988 pending on the file of

the Senior Civil Judge and Judicial Magistrate First Class

at Ramdurg, the certified copies of the same are

produced as Annexures-A and D, as against the accused

Nos.1 and 2/petitioners herein and etc.”

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CRL.P No. 102607 of 2025

HC-KAR

3. Facts of the case are as under:

3.1 Flying Squad by name Shafiq Ahmad Fakruddin

Belavatagi who was deployed for supervising the election work in

the assembly elections noted that the religious place has been

misused violating the code of conduct in the general elections

held in the year 2023. On 20.04.2023 at about 03:00 p.m., there

was a religious programme organized in Oblapura Village,

Devajjayana Mutt Jatra and thereby violated the code of conduct

and therefore, sought for action under Section 171E of IPC.

4. Since it is a non-cognizable offence, all that the

jurisdictional police was required to do is to enter the gist of the

non-cognizable offence in the station house diary and should

have referred the informant namely Shafiq Ahmad Fakruddin

Belavatagi to the Magistrate to obtain necessary permission to

investigate the matter and thereafter the Magistrate should have

applied his mind and then permitted the police to investigate the

matter and file appropriate report.

5. In the case on hand, no dbout, informant gave the

information to the police. After receipt of information instead of

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NC: 2026:KHC-D:1632

CRL.P No. 102607 of 2025

HC-KAR

referring the informant to the Magistrate, police themselves have

approached the Magistrate with a letter seeking permission and

trial Magistrate without even looking into the relevant provisions,

has permitted the investigation to be conducted by pass