PRAKASH RAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is a petition under section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code'), the petitioner has sought quashing of the order dated 19.3.2019 in PCR No. 3743/2019 on the file of VIII Additional Chief Metropolitan Magistrate, Bengaluru, as also the FIR registered as Crime No. 35/2019 by the first respondent police and the charge sheet filed pursuant to it.

(2.) Briefly stated, the events that led the petitioner to approach this court are as follows :- On 11.3.2019, the Joint Secretary of the Association called Grama Seva Sangha, Thyagaraja Nagar, Bengaluru, made an application to the Commissioner of Bruhath Bengaluru Mahanagara Palike (for short hereinafter referred to as 'BBMP') seeking permission to organize a peaceful protest meet at Mahatma Gandhi Circle, M.G.Road, Bengaluru, at about 4.30 PM on 12.3.2019. The Assistant Commissioner (Elections) of BBMP made an endorsement on the said application stating that permission to hold protest meet was not necessary as it was not a political programme. It appears that the said demonstration was held and thereafter, at about 19.30 hours on 12.3.2019, one D.Murthy, Assistant Engineer, BBMP, who was on the vigilance squad in connection with the election duty, made a report to the Station House Officer of Cubbon Park Police Station stating that two persons namely Praveen K, accused No.1 and Abhilash C.A, accused No.2, gathered a group of 25 to 30 people, used mike without obtaining permission from the concerned authority and caused obstruction to the pedestrians and to the traffic. He also stated that the petitioner who was intending to contest in the Lok Sabha elections also participated in the said meeting and spoke about the elections and in regard to his participation in the protest meet, the video clippings and whatsapp messages were sent to him.

(3.) Since the report did not disclose a cognizable offence, the Station House Officer registered it in NCR No. 46/2019 and then placed it before the Magistrate seeking permission to register FIR. On 19.3.2019 the Magistrate passed an order to register the NCR as a private complaint (PCR) and proceed further according to section 156(3) of the Code. Thereafter, the police registered it in Crime No. 35/2019 for the offences under section 35 of the Karnataka Police Act and section 123 of the Representation of the People Act. The police held investigation and filed charge sheet against three persons including the petitioner for the offences punishable under section 290 of IPC and sections 35 and 103 of the Karnataka Police Act read with section 34 of IPC.