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NC: 2026:KHC:23027

CRL.P No. 6514 of 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 25^TH DAY OF APRIL, 2026

BEFORE

THE HON'BLE MR. JUSTICE M.NAGAPRASANNA

CRIMINAL PETITION NO. 6514 OF 2026

BETWEEN:

SRI SHANKARA C. M.,

S/O MAHADEVU

AGED ABOUT 52 YEARS

R/AT NO. 228-1, CHAMALAPURADA HUNDI

NANJANGUD, MYSURU DISTRICT

KARNATAKA – 571 301.

…PETITIONER

(BY SRI SHATHABISH SHIVANNA, ADVOCATE)

AND:

1. STATE OF KARNATAKA

BY NANJANGUD TOWN POLICE STATION

Digitally signed REPRESENTED BY THE

by

SANJEEVINI J STATE PUBLIC PROSECUTOR

KARISHETTY

HIGH COURT BUILDINGS

Location: High

Court of BENGALURU – 560 001.

Karnataka

2. SIDDARAJU V. S.,

AGED ABOUT 59 YEARS

OCC: ASSISTANT SUB-INSPECTOR OF POLICE

NANJANGUD TOWN POLICE STATION

NANJANGUD, TOWN MYSURU DISTRICT

KARNATAKA – 571 301.

…RESPONDENTS

(BY SRI B.N.JAGADEESHA, ADDL. SPP FOR R1)

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NC: 2026:KHC:23027

CRL.P No. 6514 of 2026

HC-KAR

THIS CRL.P IS FILED U/S 482 CR.P.C PRAYING TO QUASH

THE FIR IN CR.NO.4/2022 DTD 11.01.2022 REGISTERED BY

THE 1st RESPONDENT IN NANJANGUD TOWN P.S., PURSUANT

TO THE COMPLAINT DTD 11.02.2022, CHARGE SHEET DTD

04.05.2022 AND ALL FURTHER PROCEEDINGS IN

CC.NO.649/2022, PENDING BEFORE THE 2nd ADDL. CIVIL

JUDGE AND JMFC, NANJANGUD, FOR THE OFFENCES P/U/S

141, 143, 290, 336, 149 OF IPC, 1860, U/S 5(3A) OF THE

KARNATAKA EPIDEMIC DISEASES ACT, 2020, U/S 51(B) OF

THE DISASTER MANAGEMENT ACT, 2005, PURSUANT TO THE

PCR.NO.13/2022 DTD 11.01.2022.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

Petitioner – accused No.1 is before this Court calling in

question registration of a crime in Crime No.4/2022 and the

proceedings in C.C.No.649/2022, pending before the 2^nd

Additional Civil Judge and JMFC, Nanjangudu, for offences

punishable under Sections 141, 143, 290, 336 and 149 of the

IPC, Section 5(3A) of the Karnataka Epidemic Diseases Act,

2020 and Section 51(b) of the Disaster Management Act, 2005.

2. Heard Sri Shathabish Shivanna, learned counsel for

petitioner and Sri B.N.Jagadeesha, learned Additional State

Public Prosecutor for respondent No.1. - State.

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NC: 2026:KHC:23027

CRL.P No. 6514 of 2026

HC-KAR

3. Learned counsel for petitioner submits that the issue in

the stands covered by the order of this Court in the case of

D.K. SHIVAKUMAR Vs. STATE reported in 2023 SCC OnLine

Kar 226, wherein, it is held as follows:

7. The afore-narrated facts are not in

dispute. The issue lies in a narrow compass, as to

whether the learned Magistrate could have taken

cognizance of the offence under Section 51(b) of

the Act. To consider the said issue, it is germane to

notice certain provisions of the Act. Section 51 of

the Act deals with punishment for obstruction and

reads as follows:

"51. Punishment for obstruction, etc.—(1) Whoever,

without reasonable cause— —(1) Whoever, without

reasonable cause—"

(a) obstructs any officer or employee of the Central

Government or the State Government, or a person

authorised by the National Authority or State

Authority or District Authority in the discharge of

his functions under this Act; or

(b) refuses to comply with any direction given by or on

behalf of the Central Government or the State

Government or the National Executive Committee

or the State Executive Committee or the District

Authority under this Act, shall on conviction be

punishable with imprisonment for a term which

may extend to one year or with fine, or with both,

and if such obstruction or refusal to comply with

directions results in loss of lives or imminent

danger thereof, shall on conviction be punishable

with imprisonment for a term which may extend to

two years. notes on clauses Clauses 51 to 58

(Secs. 51 to 58) seeks to lay down what will

constitute an offence in terms of obstruction of the

functions under the Act, false claim for relief,

misappropriation of relief material or funds,

issuance of false warning, failure of an officer to

perform the duty imposed on him under the Act

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NC: 2026:KHC:23027

CRL.P No. 6514 of 2026

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