K JAYARAMA ACHARYA vs SHOBHA

Court
Karnataka High Court

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HC-KAR
NC: 2026:KHC:59548
CRL.P No. 2581 of 2022


CNR: KAHC010127412022




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 27 DAY OF OCTOBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE H.P.SANDESH


CRIMINAL PETITION NO.2581 OF 2022

BETWEEN:

1. K. JAYARAMA ACHARYA
S/O NARAYANA ACHARYA
AGED ABOUT 63 YEARS
R/AT BEEDU MARGA
AMBALAPADY POST
UDUPI-576103
HONORARY SECRETARY
INDIAN RED CROSS ORGANIZATION
UDUPI DISTRICT UNIT.

2. K. SANMATH HEGDE
S/O MANOHARA HEGDE
AGED ABOUT 38 YEARS
R/AT JAMYADI HOUSE
HARDALLI-MANDALLI VILLAGE AND POST
BIDKAL KATTE KUNDAPURA
UDUPI-576201
MEMBER
INDIAN RED CROSS ORGANIZATION
UDUPI DISTRICT UNIT.

3. DR. TALLURU SHIVARAM SHETTY
S/O LATE ANNAYAYA SHETTY
AGED ABOUT 71 YEARS
R/AT DOORNO 6-1-5-A
KANAKA NIVAS, OLAKADU
UDUPI - 576101
PRESIDENT









Digitally signed
by DEVIKA M
Location: HIGH
COURT OF
KARNATAKA

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HC-KAR
NC: 2026:KHC:59548
CRL.P No. 2581 of 2022


CNR: KAHC010127412022


INDIAN RED CROSS ORGANIZATION
UDUPI DISTRICT UNIT.
…PETITIONERS

(BY SRI. G.C.SRIHARSHA, ADVOCATE FOR
SRI. NISHIT KUMAR SHETTY, ADVOCATE)
AND:

1. SHOBHA
D/O GURUVAPPA
AGED ABOUT 44 YEARS
R/AT KALA NIVAS, ARASIKATTE
BANTAKALLU POST AND VILLAGE
SHIRVA, UDUPI-574116
OFFICE SERVANT/SCAVANGER
INDIAN RED CROSS ORGANIZATION
UDUPI DISTRICT UNIT.
…RESPONDENT

(BY SMT. S. PADMINI, ADVOCATE)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.PC PRAYING TO QUASH THE ENTIRE PROCEEDINGS
AGAINST THE PETITIONERS IN SPL.C.C.NO.17/2022
(P.C.NO.3/2021) PENDING ON THE FILE OF THE PRL. DISTRICT
AND SESSIONS JUDGE AT UDUPI, UDUPI DISTRICT, FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 1(p)(r)(s)(u),
3(1)(za), (E),3(1)(zc) AND 4(2) OF SC/ST (POA) ACT AND
SECTIONS 166A, 254, 506, 509 R/W SECTION 34 OF IPC.

THIS PETITION COMING ON FOR ADMISSION THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE H.P.SANDESH

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HC-KAR
NC: 2026:KHC:59548
CRL.P No. 2581 of 2022


CNR: KAHC010127412022


ORAL ORDER
Heard learned counsel for the petitioners and learned
counsel for the respondent.
2. The prayer is sought in this petition to quash the
proceedings in P.C.No.03/2021 pending on the file of the
Principal District and Sessions/Special Judge at Udupi, Udupi
District for the offences punishable under Sections 3(1)(p), (r),
(s), (u), 3(1)(za)(E), 3(1)(zc), 4(2) of SC/ST (POA) Act and
Sections 166-A(b), 321, 354, 506, 509 read with Section 34 of
IPC.
3. Learned counsel for the petitioners would
vehemently contend that a private complaint is filed which is
numbered as PCR No.03/2021 and this complaint is also not
supported by an affidavit as observed by the Apex Court in
Priyanka Srivastava’s case and having perused the contents
of the complaint also, nowhere it is stated that they have
complied with Sections 154(1) and 154(3) and except referring
the earlier complaints filed with the police, they have not taken
any action. If such action is not taken by the police, ought to

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NC: 2026:KHC:59548
CRL.P No. 2581 of 2022


CNR: KAHC010127412022


have approached the Superior Police Officers and the same is
also not complied with.
4. The counsel also brought to notice of this Court
contents of the complaint and in the private complaint, only
reference is made to the earlier incident dated 18.02.2021 and
so also, subsequent incidents dated 16.03.2021 and
23.03.2021, wherein she was removed from service. Hence,
counsel would submit that if this proceedings is continued, it
amounts to abuse of process which leads to miscarriage of
justice.
5. The counsel appearing for the respondent would
submit that when the complaint was given to the police, police
did not receive the complaint and instead, gave an
endorsement to the complainant and for subsequent complaint
also, only NCR was issued dated 24.06.2021 and without any
other option, the petitioners have approached the Court. The
counsel fairly submits that the complaint is not supported by an
affidavit in view of the observations made by the Apex Court in
Priyanka Srivastava’s case and also with regard to non-
compliance of Sections 154(1) and 154(3).

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CRL.P No. 2581 of 2022


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6. Having heard learned counsel for the petitioners
and also learned counsel for the respondent, the Court has to
take note of factual aspects of the case while considering
criminal prosecution. When the private complaint was filed, the
same is numbered as PCR No.03/2021 and the learned
Magistrate has to take note of whether any compliance in view
of judgment of the Apex Court in Priyanka Srivastava’s case,
since this complaint is filed in 2021 after the judgment of the
Apex Court in Priyanka Srivastava’s case, wherein also the
Apex Court taken note of compliance under Sections 154(1)
and 154(3) and discussed the same in the said Judgment.
7. The counsel for the respondent-complainant would
submit that an opportunity may be given to the complainant-
respondent to cure the defect, but the judgment of the Apex
Court throughout from day one has not given such opportunity
to the complainant in coming to the conclusion that the same is
a curable defect and the same has to be complied and matter
has to be remitted back to the Trial Court. When such order has
not been passed and the Apex Court quashed the proceedings
when the complaint was not supported by affidavit and also

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CRL.P No. 2581 of 2022


CNR: KAHC010127412022


when there was no compliance and even compliance under
Sections 154(1) and 154(3) also does not arise, if it is
remanded back, when the complainant has not taken any
action under Sections 154(1) and 154(3) and such submission
of the counsel cannot be accepted.
8. Having considered the submission of respective
counsel and also the factual aspects of the case, in view of non-
compliance of principles laid down in the judgment of Priyanka
Srivastava’s case, as well as non-compliance of Sections
154(1) and 154(3), the foundational defect is found in the
private complaint. Hence, the petitioners have made out the
ground to quash the proceedings exercising the power under
Section 482 of Cr.P.C. or otherwise it amounts to miscarriage of
justice and abuse of process.
9. In view of the discussion made above, I pass the
following:
ORDER

(i) The criminal petition is allowed .

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HC-KAR
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CRL.P No. 2581 of 2022


CNR: KAHC010127412022


(ii) The proceedings initiated against the petitioners
i.e., accused Nos.1, 2 and 4 in P.C.No.03/2021
pending on the file of the Principal District and
Sessions/Special Judge at Udupi, Udupi District for
the offences punishable under Sections 3(1)(p), (r),
(s), (u), 3(1)(za)(E), 3(1)(zc), 4(2) of SC/ST (POA)
Act and Sections 166-A(b), 321, 354, 506, 509 read
with Section 34 of IPC, is hereby quashed.


Sd/-
(H.P.SANDESH)
JUDGE



ST
List No.: 1 Sl No.: 42