BEARING

NO.

REVENUE/NAIVI/17596/01/2019 DATED 16.08.2019 PRODUCED

AND MARKED AS ANNEXURE-A PASSED BY THE RESPONDENT

NO.2, DIRECTING THE RESPONDENT NO.3 TO LODGE A

COMPLAINT AGAINST THE PETITIONER (ARRAYED AS ACCUSED

NO.21) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS

4

420, 336, 338, 339 & 188 OF IPC, 1860 R/W SEC. 51(B) OF THE

DISASTER

MANAGEMENT

ACT,

2005,

PETITIONER AND QUASHING THE FIR BEARING GANGAVATHI

RURAL

P.S.

CRIME

NO.185/2019

DATED

16.08.2019

REGISTERED WITH THE GANGAVATHI RURAL POLICE STATION,

PRODUCED VIDE ANNEXURE-C, AGAINST THE PETITIONER

NO.21)

OFFENCES

PUNISHABLE UNDER SECTIONS 420, 336, 338, 339 & 188 OF

IPC, 1860 R/W SEC. 51(B) OF THE DISASTER MANAGEMENT

ACT, 2005, AS AGAINST THE PETITIONER.

IN CRL.P.NO.102464/2019

MOHAMMED IQBAL,

S/O.MOHAMMED ABDUL KHALEEL,

AGED ABOUT 51 YEARS,

R/O: BUILDING NO. 49,

ALCOVE APARTMENT,

FLAT NO. 501, 5TH FLOOR,

KENCHAPPA ROAD, FRAZER TOWN,

BENGALURU-560 005.

(BY SRI K.RAGHAVENDRA RAO, AND

SMT. V.VIDYA, ADVOCATES)

THE STATE OF KARNATAKA,

REP. BY STATE PUBLIC PROSECUTOR,

5

BY THE SUB-INSPECTOR OF POLICE

GANGAVATHI RURAL POLICE

STATION, KOPPAL - 583 227.

THE TAHSILDAR, GANGAVATHI,

KOPPAL DISTRICT - 583 227.

(BY SRI RAMESH CHIGARI, HCGP)

THIS CRIMINAL PETITION IS FILED U/S. 482 OF CR.P.C.

QUASH

IMPUGNED

COMPUTERIZED

COMPLAINT FILED BY RESPONDENT NO.2 BEFORE RESPONDENT

NO.1

IN

NO.SUM:KUM:NAIVI/2019-20

DATED

16.08.2019

FOUND AT ANNEXURE-C AND IMPUGNED FIRST INFORMATION

REPORT IN FIR NO.628/2019 FILED BY RESPONDENT NO.1 IN

CRIME NO.185/2019 DATED 16.08.2019 FOUND AT ANNEXURE-

D ALLEGING OFFENCES U/S. 420, 336, 338, 339, 188 OF IPC

AND SEC. 51(B) OF THE DISASTER MANAGEMENT ACT 2005,

INSOFAR AS THE PETITIONER IS CONCERNED, ALLOW THIS

CRIMINAL PETITION.

THESE CRIMINAL PETITIONS HAVING BEEN HEARD AND

RESERVED FOR ORDERS ON 07.02.2022, COMING ON FOR

PRONOUNCEMENT

THIS

DAY,

COURT

MADE

THE

FOLLOWING:-

6

ORDER

The petitioners in these petitions call in question one and

the same proceedings instituted against them for offences

punishable under the Disaster Management Act,2005 (‘the Act’

for short) and other provisions of the IPC, they are taken up

together and disposed of by this common order.

2. Heard learned counsel appearing for the petitioners and

learned HCGP appearing for the respondents.

Criminal Petition No.101874 of 2019:

3. Brief facts in this petition are that the petitioner calls in

question the order passed by the Deputy Commissioner/2^nd

respondent directing the 3^rd respondent to institute criminal

proceedings against the petitioner for offences punishable under

Section 420, 336, 338, 339 and 188 of the Indian Penal Code

read Section 51(b) of the Act.

4. On 11-08-2019 for protection of visitors and general

public and under instructions by the 2^nd respondent, by beating

drums the residents of the villages surrounding Tungabhadra

River and also Reservoir were warned not to go near the River

Banks. It appears that on 10-08-2019 the Tungabhadra

7

Reservoir overflew which added to the volume of river water

resulting in disconnecting of pathway to Virupapurgaddi village

from the main stream and visitors were struck in the said place.

On 11-08-2019 a general rescue operation was initiated for

rescuing 66 people who were rescued by boat and due to

further increase in river water, the rescue operation was put on

hold till National Disaster Response Force (‘NDRF’) was called.

The NDRF arrived and rescued 66 people who were stranded

and 5 people who fell into the river were also saved by the local

people and three helicopters were called for rescue operations.

It is the case of the petitioners that totally about 592 people

were rescued. The matter ended on 13-08-2019.

5. On 13-08-2018 an article appeared in two daily

newspapers – one Vijayavani and the other Vijaya Karnataka -

bringing out the news that resort and restaurant owners who

were surrounding the area had kept the visitors in dark with

regard to the information of overflow of the river and misguided

them. It is also reporte