IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR JUSTICE K N PHANEENDRA CRIMINAL PETITION No.4707/2017 Between:
1. SRI SIDDARAJU SINH S/O JAYVANT SINH AGED ABOUT 32 YEARS R/AT NO.119, MUNIVENKATAPPA MAIN ROAD, PUTTENAHALLI BANGALORE SOUTH BENGALURU – 560078.
2. SRI SAROJ PATTANAYAK S/O AMERENDRA PATTANAYAK AGED ABOUT 29 YEARS R/AT: NO.302, BABU REDDY BUILDING 8TH BLOCK, KORAMANGALA BENGALURU – 560 095.
3. SRI SANJAY KOCHHAR S/O ARJUN DEV KOCHHAR AGED ABOUT YEARS, R/AT: NO.337A, 4TH A CROSS, NEAR 4TH MAIN, OMBR LAYOUT MARUTHI SEVANAGAR BENGALURU – 560 033. . PETITIONERS (BY SMT DEEPA V, ADV.) AND:
1. STATE OF KARNATAKA THROUGH STATION HOUSE OFFICER WILSON GARDEN POLICE STATION BENGALURU – 560 027.
REPRESENTED BY:
SPECIAL PUBLIC PROSECUTOR HON’BLE HIGH COURT, BENGALURU – 560 001.
2. POLICE SUB INSPECTOR WILSON GARDEN POLICE STATION BENGALURU – 560 001. ... RESPONDENTS (BY SRI SANDESH J CHOUTA, SPP – II) THIS PETITION IS FILED U/S.482 CR.P.C. PRAYING TO QUASH THE FIR IN CR.NO.22/2015 DATED 02.02.2015 ALONG WITH THE INFORMATION DATED 02.02.2015 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 188 OF IPC REGISTERED WITH THE RESPONDENT WILSON GARDEN POLICE STATION, IS ENCLOSED AND MARKED ANNEXURES A AND B AND ETC.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner has sought for quashing of the entire proceedings in FIR in Crime No.22/2015 registered for the offence punishable under Section 188 IPC by the Wilson Garden Police Station.
2. The above said First Information Report which is registered for the offence under Section 188 IPC requires to be quashed as there is a specific bar under Section 195 Cr.P.C. that the police cannot investigate and file any report under Section 173 Cr.P.C. as Section 195 of Cr.P.C. contemplates a private complaint by the public servant against the person who violated the orders passed by the competent authorities.
3. Under the above said circumstances, I proceed to pass the following:
ORDER Petition is allowed. FIR in Crime No.22/2015 registered for the offence punishable under Section 188 IPC by Wilson Garden Police Station and all further investigation and all further proceedings thereon are hereby quashed. Consequently, I.A.2/2017 does not survive for consideration.
Sd/- JUDGE brn