CRL.P/8873/2026 of SOFIYAN S Vs THE STATE OF KARNATAKA on 17 August 2026

ORAL ORDER

The petitioners are before the Court seeking the following prayer: "In view of the aforesaid facts and circumstances, it is most respectfully prayed that this Hon'ble Court may be pleased to: Quash the chargesheet dated 10.05.2025 and criminal proceedings in CC No.415/2026 pending on the file of the Hon'ble SENIOR CIVIL JUDGE AND JMFC AT ARASIKERE, for the offence punishable under section 194(2) of the Bharatiya Nyaya

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Sanhita (BNS), 2023, In crime no.0041/2026 of Arasikere town Police Station for the offence punishable under 194(2) of Bharatiya Nyaya Sanhita 2023. Pass such other and further orders as may be deemed fit and proper in the facts and circumstances of the case, in the interest of justice."

2. Learned counsel appearing for the petitioners submits the issue in the lis stands completely answered by the judgment rendered by the Co-ordinate Bench in Crl.P.No.200690/2025 disposed on 29.07.2025, wherein it has held as follows: "Petitioners being accused Nos.1 and 2 in Crime No.78/2024 of Devalaganagapur Police Station registered for the offence punishable under Section 194(2) of BNS, now pending in C.C.No.56/2025 on the file of the learned Civil Judge and JMFC, Afzalpur are seeking to quash the criminal proceedings initiated against them.

2. Heard Smt. Neeva M. Chimkod, learned counsel for the petitioners and Sri Gopalkrishna B. Yadav, learned High Court Government Pleader for respondent No.1-State. Perused the materials on record.

3. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is: “Whether the criminal proceedings initiated against the petitioners is liable to be quashed invoking inherent power under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, [for short, ‘the BNSS’]?”

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My answer to the above point is in ‘Affirmative’ for the following:

R E A S O N S

4. The PSI, Devalaganagapur Police Station lodged the first information against accused Nos.1 to 3 alleging that they were fighting in the public place i.e., in the Dattatreya Temple, Devalaganagapur and were disturbing the public peace. After investigation, charge sheet came to be filed. CW-1 to CW-7 are cited as witnesses in the charge sheet. CW-1 being the informant who is the PSI, CW-2 and CW-3 are the mahazar witnesses, CW-4 to CW- 6 are said to be the eyewitnesses who are none other than the Police Constables working under CW-1 and CW-7 is the Investigating Officer.

5. According to the case made out by the prosecution, there was rush in the temple on the date of incident at 10.20 a.m. and these accused started quarrelling with one another and committed affray and caused disturbance of public peace. None of the devotees who were present in the temple at the time of commission of the offence are cited as eyewitnesses, for the reasons best known to the Investigating Officer. Under such circumstances, it cannot be said that the prosecution has made out a prima facie case against the petitioners for having committed the offence. Continuation of criminal proceedings against the petitioners will be an abuse of process of law. Hence, I am of the opinion that the criminal proceedings are liable to be quashed. Accordingly, I answer the point in the affirmative and proceed to pass the following:

ORDER

(i) The petition is allowed.

(ii) Pending criminal proceedings initiated against the petitioners (accused Nos.1 and 2) in Crime No.78/2024 of Devalaganagapur Police Station, pending in C.C.No.56/2025, on the file of learned Civil Judge and JMFC, Afzalpur,

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for the offence punishable under Section 194

(2) of the BNS, is quashed."

3. In the light of the issue standing completely covered by the judgment rendered by the Co-ordinate Bench and the issue being similar, I deem it appropriate to follow the said judgment and obliterate the proceedings qua the petitioners.

5. For the reasons aforementioned, the following:

ORDER

(i) The Criminal Petition is allowed.

(ii) The proceedings in C.C.No.415/2026 pending before the Senior Civil Judge and JMFC, Arasikere, stand quashed, qua the petitioners.

Sd/- (M.NAGAPRASANNA) JUDGE

MCR List No.: 1 Sl No.: 25