Karnataka HC quashes cases against former CM HD Kumaraswamy for protests during Lok Sabha Elections

The Karnataka High Court recently quashed three petitions pending against former Chief Minister of the state, HD Kumaraswamy, in connection with protests against Income Tax raids during the 2019 Lok Sabha elections..The cases had been instituted under Sections 188 (Disobedience to order duly promulgated by public servant) and 341 (Punishment for wrongful restraint) of the Indian Penal Code (IPC)..The three different petitions were based on complaints lodged by an election officer who was appointed by the Election Commission to monitor the Lok Sabha elections that were held in 2014. After the criminal complaints were filed, the police subsequently filed a report before the Magistrate Court, which took cognizance of the same..Before the High Court, Senior Counsel DL Jagdeesh, appearing on behalf of HD Kumaraswamy, contended that as per Section 195 of the Code of Criminal Procedure (CrPC), the court could take cognizance of an offence only if the complaint was made in writing by the public servant concerned or his subordinate. This provision takes away the “general power of the Magistrate to take cognizance under section 190 without there being a complaint in writing”, he further added..The case of KS Eshwarappa v. The State of Karnataka and another, passed by a High Court bench of coordinate strength, was cited in this regard..After perusing the materials on record, a Single Judge Bench of Justice R Devadas noted,.“The coordinate bench [in Eshwarappa] has further taken note of Section 171 (H) of IPC and held that the said provision is categorized as a non bailable offence under the classification of offence in schedule – II of the CRPC. When the offence is declared as non-cognizable in nature, section 155(2) of CrPC bars the police to investigate such matter without the valid permission from the jurisdictional magistrate.”.Moreover, the Court took note of the fact that no specific or personal allegation had been made against the petitioner stating that he had wrongfully restrained any person. On the other hand, the complaint reads that “workers of political party have caused inconvenience to the general public by blocking the road.” As the allegations were not specific to the petitioner, the Court has directed to quash the FIRs in this regard..The Court once again reiterated that unless and until there is a private complaint under Section 200 CrPC made to the magistrate, cognizance cannot be taken for offences punishable under Sections 172 and 188 of the IPC..Therefore, the High Court allowed the petition and quashed the cases pending against Kumaraswamy before the Principal Civil Judge and JMFC at Chikkaballapura..Advocate Mahesh Shetty appeared on behalf of the respondents in the matter..In November this year, a case was filed against Congress and JD(S) leaders including former CM HD Kumaraswamy in connection with their protest against Income Tax raids conducted during the 2019 Lok Sabha elections..A complaint was filed before the court after Mallikarjuna, an activist, alleged that Kumaraswamy had leaked information about Income Tax raids on the premises of JD(S) and Congress leaders prior to the raids being conducted. In Mallikarjuna’s complaint, he further stated that the leaders raised slogans against Income Tax officials, saying that they were “BJP agents”. The complaint reportedly states that these protests caused grave inconvenience to public servants, thus amounting to obstruction of duty, which is a criminal offence under the IPC..[Read the order here]