Karnataka High Court
Sri Ashwin Nair vs State Of Karnataka on 16 July, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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CRL.P No. 2727 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
CRIMINAL PETITION NO. 2727 OF 2025 (482(Cr.PC) / 528(BNSS)
BETWEEN:
SRI ASHWIN NAIR
S/O PITHAMABARA NAIR,
AGED 29 YERAS,
R/O CHIDICAL HOUSE,
KANTHURPIYO POST
TQ: KASARAGOD
DIST: KASARAGODTUMK
STATE: KERAL - 671 121
...PETITIONER
(BY SRI. PRUTHVEEN PRALHAD KATTIMANI, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY ALUR POLICE
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
Digitally
signed by BENGALURU - 560 001
CHANDANA
BM 2. VENKATESH T. C.
Location: AGED MAJOR,
High Court
of Karnataka PI. ALUR POLICE STATION,
HASSAN,
KARNATAKA - 573 213
...RESPONDENTS
(BY SRI. K. NAGESHWARAPPA, HCGP FOR R1;
NOTICE TO R2 IS DISPENSED WITH)
THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S
528 BNNS) PRAYING TO QUASH THE ENTIRE CRIMINAL
PROCEEDING INITIATED AGAINST THE PETITIONER IN CRIME
NO.80/2021 REGISTERED ON 11.04.2021 BY THE ALUR POLICE
STATION AND PROCEEDING BEFORE CIVIL JUDGE AND JMFC
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COURT, ALUR IN C.C NO. 151/2023 AND CHARGE SHEET IN CRIME
NO. 80/2021 REGISTERED BY RESPONDENT TO GRANT SUCH
OTHER ORDER OR RELIEF TO WHICH THE PETITIONERS MAY BE
FOUND ENTITLED TO UNDER THE CIRCUMSTANCES OF THE
CASE INCLUDING AWARD OF COSTS.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioner seeks quashing of the proceedings
in C.C.No.151/2023 arising out of Crime No.80/2021 registered by
the 1st respondent – police, pending on the file of the Additional
Civil Judge and JMFC Court, Alur, for the offences punishable
under Sections 188, 269 of IPC and Sections 27(b), 20B of the
Narcotic Drugs and Psychotropic Substances Act and Section
51(b) of the Disaster Management Act.
2. Heard learned counsel for the petitioners and learned
HCGP for respondent No.1 and perused the material on record.
3. A perusal of the material on record will indicate that the
petitioner was arraigned as accused No.37 in C.C.No.151/2023
along with 138 other accused persons, pursuant to FIR in Crime
No.80/2022. The offences alleged against the petitioners and other
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accused are under Sections 188, 269 of IPC and Sections 27(b),
20B of the Narcotic Drugs and Psychotropic Substances Act and
Section 51(b) of the Disaster Management Act.
4. In this context, learned counsel for the petitioner
invited my attention to an order of this Court passed in order to
point out that in Crl.P.No.8789/2023 dated 23.01.2025 (Aadesh
Vs. State of Karnataka) proceedings as against accused No.68
was quashed and in view of quashment of criminal proceedings
qua accused No.68, the present petitioner who is accused No.37 in
C.C.No.151/2023 would be entitled to seek parity.
5. This Court in the case of Aadesh Vs. State of
Karnataka – Crl.P.No.8789/2023 dated 23.01.2025, quashed the
criminal proceedings qua accused No.68 in C.C.No.151/2023 and
held as under:
“In this petition, the petitioner seeks the following reliefs:
“a. Issue an order quashing the entire
proceedings in C.C No.151 of 2023 qua the
Petitioner/Accused No.68, pending on the file
of Civil Judge and JMFC, Alur, Hassan for the
alleged offences punishable under Sections
188 and 269 of Indian Penal Code, Sections
32 and 34 of Karnataka Excise Act 1965,
Sections 20(B) and 27 (B) o the Narcotic
Drugs and Psychotropic Substances Act, 1985
and Section 51(B) of the Disaster
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Management Act, 2005 arising out of FIR
bearing Crime No.0080 of 2021 registered by
Allur Police Station for the offences punishable
Under Section 188 and 269 of Indian Penal
Code and Section 32 and 34 of Karnataka
Excise Act 1965. Produced as Annexure-A to
Annexure-D respectively.
b. Grant such other relief as this Hon’ble deems
fit to meet the ends of Justice.”
2. Heard the learned counsel for the petitioner,
learned HCGP for the respondent and perused the material
on record.
3. In addition to reiterating the various contentions
urged in the petition and referring to the material on record,
learned counsel for the petitioner-accused No.68 invited my
attention to the order passed by the Co-ordinate Bench of
this Court in Crl.P.No.3851/2024 dated 21.11.2024, in order
to contend that the said petition having been filed by
accused No.71, who was similarly/identically situated as
that of the petitioner, the Co-ordinate Bench of this Court
quashed the said proceedings qua the petitioner therein,
who was arraigned as accused No.71. It is therefore
submitted that by virtue of Doctrine of Parity, the impugned
proceedings qua the petitioner-accused No.68 also
deserves to be quashed.
4. Per contra, learned counsel for the respondent
submits that there is no merit in the matter and the same is
liable to be dismissed.
5. As rightly contended by the learned counsel for the
petitioner, a perusal of the material on record, will indicate
that both the petitioner herein who is arraigned as accused
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No.68 as well as Kevin Cheriyar, who is arraigned as
accused No.71, are similarly/ identically placed and the
proceedings qua the aforesaid Kevin Cheriyar – accused
No.71 was allowed by the Co-ordinate Bench of this Court
in the aforesaid petition and quashed the proceedings qua
the petitioner, by holding as under:
“6. On perusal of the complaint and other
documents, the Police has to investigate the case
under Section 188 of IPC as there is a bar for
registering case under Section 195 of Cr.P.C. The
Police cannot register F.I.R or file charge sheet for the
offence under Section 188 of IPC as complainant has
to file private complaint. Apart from that petitioner is
said to be only a visitor in the party. This Court has
held in a catena of decisions that where Sections 32
and 34 of Karnataka Excise Act is invoked by the
Police, Police shall obtain warrant from the Magistrate
under Section 53 of the Karnataka Excise Act. If the
Police have not obtained the warrant due to urgency,
they shall record the reason in writing under Section 54
of the Karnataka Excise Act. That apart, the Police
must register the F.I.R under Section 151 of Cr.P.C.,
prior to proceeding for seizing the articles, but in this
case, property was seized prior to registration of F.I.R.
The Police have also invoked Section 51(B) of the
Disaster Management Act, whereas the private
complaint is required to be filed under Section 51 of the
Disaster Management Act. Police cannot register the
FIR. The investigation conducted by the Police is hit
by Section 50 of the Narcotic Drugs and Psychotropic
Substances Act, 1985. Therefore, the criminal
proceedings against the petitioner is not sustainable.
7. This Court also quashed the criminal
proceedings as against Accused No.53 in Criminal
Petition No.9483/2023 dated 24.01.2024. In view of
the gross violation of the provisions under Cr.P.C.,
Disaster Management Act as well as Karnataka Excise
Act, the proceedings against the petitioner cannot be
sustained.
8. The Criminal Petition is allowed. The
criminal proceedings against the petitioner/Accused
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No.71 in C.C.No.151/2023 pending on the file of the
Civil Judge and JMFC, Alur, is hereby quashed.”
6. In view of the aforesaid facts and circumstances and
the material on record, which indicate that the proceedings
as against accused No.71, who was similarly/identically
situated to the petitioner – accused No.68, I am of the
considered view that by applying / invoking the Doctrine of
Parity, the impugned proceedings qua the petitioner-
accused No.68, also deserves to be quashed.
7. Accordingly, I pass the following:
ORDER
(i) The Criminal Petition is allowed; and
(ii) The impugned proceedings in
C.C.No.151/2023 arising out of Crime
No.0080/2021 registered by the Alur Police
Station, pending on the file of the Civil Judge
and JMFC, Alur, Hassan, qua the petitioner-
accused No.68, is hereby quashed.”
6. In the instant case, it is an undisputed fact that
proceedings as against accused No.68 has been quashed by this
Court in Crl.P.No.8789/2023 and consequently, by applying the
Doctrine of Parity, proceedings against the petitioner – accused
No.37 in this petition also deserves to be quashed.
7. In the result, I pass the following:
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ORDER
(i) Petition is hereby allowed.
(ii) The proceedings in C.C.No.151/2023 arising out of FIR in
Crime No.80/2021 registered by the 1st respondent – Police,
pending on the file of the Additional Civil Judge and JMFC, Alur,
for the offences punishable under Sections 188, 269 of IPC and
Sections 27(b), 20B of the Narcotic Drugs and Psychotropic
Substances Act and Section 51(b) of the Disaster Management
Act, insofar as the petitioner-accused No.37 is concerned, are
hereby quashed.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
BMC
List No.: 3 Sl No.: 38
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