IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.3461 OF 2016 Between:
Shri. Katta Subramanya Naidu, S/o K.Srinivasulu Naidu, Aged about 65 years, #9, 6th Cross, Sadashivnagar, Bangalore – 560 080. …Petitioner (By Sri. M.N.Umashankar, Advocate) And:
1. The State of Karnataka, By its Inspector of Police, Halasurgate Sub – Division, Sampangiramanagar PS, Bangalore – 560 001.
2. Y.Jagadeesh, S/o late Yathirajan, R/o No.9/1, 2nd Cross, Chinnaiah Road, Karagappa Garden, SR Nagar, Bengaluru City – 560 027.
Karnataka. …Respondents (By Sri. I.S.Pramod Chandra, SPP II for R1; R2 served and unrepresented) This Criminal Petition is filed under Section 482 of Cr.P.C. praying to quash the FIR and complaint in Cr.No.239/2015 pending on the file of 9th ACMM Court, Bangalore.
This Petition coming on for admission, this day, the Court made the following:
ORDER The sole ground on which the petitioner has sought to quash the FIR registered against him in Crime No.239/2015 is that the FIR is registered against the petitioner for the alleged offence under Section 188 of IPC and allied offences without compliance of the requirements of Section 195 of Cr.P.C.
2. Learned SPP too does not dispute the fact that the complaint in question is not lodged by any public servant or by some other public servant to whom the petitioner is administratively sub-ordinate, as such the registration of the complaint for the offence under Section 188 of IPC is not maintainable.
3. However, insofar as the other offences are concerned, the requirement of Section 195 of Cr.P.C. are not applicable to the facts of the case. Hence, the petition is partly allowed. The FIR insofar as the offence under Section 188 of IPC is concerned, is quashed. Investigation shall continue in respect of the other offences alleged in the FIR, in accordance with law.
Sd/-
JUDGE ln.