IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY 2019 BEFORE THE HON'BLE Mr.JUSTICE P.S.DINESH KUMAR CRIMINAL PETITION NO.7953 OF 2018 BETWEEN:
SMT. MANJULA, W/O LATE SRI.N.B.CHELUVARAYA SWAMY, AGED ABOUT 51 YEARS, R/AT NO.1261, BELOW STAIRS, RAJA GRUHA, M.R.H.B. COLONY, GOVINDARAJA NAGAR, BENGALURU – 560 079.
…PETITIONER (BY SHRI. HARISH H.V., ADVOCATE) AND:
1. STATE OF KARNATAKA, BY VIJAYA NAGARA POLICE, BENGALURU.
NOW REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU – 560 001.
2. SMT.N.B.ALAMELU, W/O SRI.LATE N.C.BILIGRI RANGAIA, AGED ABOUT 48 YEARS, R/AT NO.1261, RAJAGRUHA, M.R.H.B. COLONY, GOVINDARAJA NAGAR, BENGALURU – 560 079.
… RESPONDENTS (BY SHRI. NASRULLA KHAN, HCGP FOR R1; R2 SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CR.NO.555/2018 ON THE FILE OF 24TH A.C.M.M., BANGALORE FOR THE OFFENCE P/U/S 3 OF KARNATAKA PREVENTION AND ERADICATION OF INHUMAN EVIL PRACTICES AND BLACK MAGIC BILL, 2017 AND 307 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Second respondent registered FIR No.555/2018 on 10.10.2018 in Vijayanagar Police Station alleging that her son was indisposed in the month of May, 2018, as a result of petitioner performing some black magic against him. Petitioner has challenged the said First Information Report.
2. Shri.Harish, learned advocate for the petitioner submits that complainant – second respondent is petitioner’s sister-in-law (husband’s sister). Petitioner and second respondent are parties in O.S No.8767/2001 on the file of City Civil Court, Bengaluru. There exists a family dispute in O.S No.73/2006 which affects complainant’s interest. He further submits that the second respondent works as a Public Prosecutor and by misusing her office, she has filed a false complaint. He submits that the complaint when read in its totality, does not disclose any offence against the petitioner. Hence, prays for allowing this petition.
3. Respondent No.2 though served has remained unrepresented.
4. Learned High Court Government Pleader argues in support of the FIR.
5. I have carefully considered the rival contentions and perused the records.
6. The principal allegation leveled in the complaint is that second respondent’s son was indisposed and treated in the hospital on 25.05.2018. The complainant consulted an astrologer who has apparently opined that one of the family members is responsible for indisposition of her son. The complainant on an assumption that petitioner practices black magic has filed this complaint.
7. When the complaint is read in its entirety, it does not disclose any offence.
8. In the instant case, the second respondent is said to be working as a Public Prosecutor and has close proximity with the Police Officers.
9. Despite observations made in several cases, it is unfortunate that the FIRs without disclosing offences are being registered by the police. Therefore, registration of the complaint and all further proceedings in this case amount to abuse of process of law.
10. Resultantly, this petition merits consideration and it is accordingly allowed. FIR in Crime No.555/2018 on the file of 24th A.C.M.M., Bengaluru and all further proceedings thereon are quashed.
11. In the circumstances, Registrar (General) is directed to send a copy of this order to Director General of Police and Home Commissioner for remedial measures.
Sd/-
JUDGE GH