IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.1671 OF 2013 BETWEEN:
1. SHAFI AHMED ASSOCIATED PROFESSOR IN HISTORY S/O NAZEER AHMED, AGED ABOUT 42 YEARS, WORKING AT GOVERNMENT FIRST GRADE COLLEGE, CHIKKABALAPUR-562101.
2. C.V.RAMACHNADRA S/O VENKATESH, AGED ABOUT 25 YEARS, CHENNAHALLI VILLAGE, BETTAKOTE POST, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-560089.
3. CHANDRASHEKAR S/O SEENAPPA, AGED ABOUT 26 YEARS, GURUKULA, NAGENAHALLI VILLAGE, BALAKUNTAHALLI POST, NANDI HOBLI, CHIKKABALLAPUR-562101.
4. D.N.MALLESH @ KUMAR S/O NANJUNDAPPA, AGED ABOUT 29 YEARS, DODDAKIRUGAMBI VILLAGE, JATHAWARA POST, NANDI HOBLI, CHIKKABALLAPUR DISTRICT-562101.
... PETITIONERS (BY SRI: S G MUNISWAMY GOWDA, ADVOCATE) AND 1. STATE BY CHIKKABALLAPURA TOWN POLICE CHIKKABALLAPURA-562101.
2. R.V.SHASHIDHAR MAJOR, R/AT NO.1346, 10TH CROSS, SIR M.V.EXTENSION, M.G.ROAD, CHIKKABALLAPURA 562 101 ... RESPONDENTS (BY SRI: VIJAYA KUMAR MAJAGE, ADDL. SPP FOR R1; SRI: SHIVASWAMY ADVOCATE FOR R2-ABSENT) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH CRIME NO.136/12 OF CHIKKABALLAPURA P.S., ON THE FILE OF THE PRL. CIVIL JUDGE (JR.DN.) AND JMFC, CHIKKABALLAPUR DIST., CHIKKABALLAPUR.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard learned counsel for the petitioners and learned Addl.
SPP appearing for respondent No.1.
Learned counsel for respondent No.2 is absent.
2. Petitioners have sought to quash the FIR registered against them in Cr.No.136/2012 for the offences punishable under sections 353, 420 r/w 34 Indian Penal Code.
3. Respondent No.2 lodged a complaint before Chickballapura Town Police Station on 30.09.2012. In the compliant, he alleged that he was working as a Physical Education Teacher in Government Boys College at Kolar; since about two years, the petitioners herein have been causing mental torture and harassment to respondent No.2; He being a member of Examination squad used to report the malpractices taking place in the Government college. The petitioners were making applications under the RTI Act seeking information against him, which has resulted in mental torture to the complainant in the discharge of his official duties.
4. The above allegations, in my view, do not constitute the offences either under Section 353 or Section 420 r/w 34 Indian Penal Code. Except making general allegations in the complaint that on account of obtaining information under the RTI Act, the petitioners have been causing mental torture and interfering with discharge of his work, no specific allegations are found in the complaint attracting the ingredients of the above offences. It is not the case of the complainant that the college authorities have taken any action against him based on the information obtained by the petitioners. The complainant himself admits that various malpractices have been going on in the college. Under the said circumstances, respondent No.2 being an member of Awareness Squad was well within powers to seek information about the malpractices that were taking place in the college. The above acts of the petitioners do not constitute any offences, much less, the offence under section 353 or under Section 420 Indian Penal Code. Therefore, having regard to the nature of the allegations made against the petitioners, in my view, the registration of the case and the consequent investigation based on the said complaint is wholly illegal and amount to abuse of process of Court.
For the said reasons, the petition is allowed. The FIR registered in Cr.No.136/2012 and the consequent proceedings arising therefore are quashed only insofar as the petitioners are concerned.
*mn/-
Sd/- JUDGE