D. S. RAVI KUMAR vs STATE OF KARNATAKA

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HC-KAR
NC: 2026:KHC:59836
WP No. 20693 of 2024


CNR: KAHC010434722024




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 28 DAY OF OCTOBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE V SRISHANANDA

WRIT PETITION NO. 20693 OF 2024 (GM-RES)

BETWEEN:




D. S. RAVI KUMAR
S/O LATE SHIVALINGAIAH D M
AGED ABOUT 42 YEARS,
NO. 138, DANAYAKANAPURA GRAMA
MANDYA TALUKU
MANDYA, KARNATAKA - 571 419
…PETITIONER






(BY SRI. VINOD KUMAR M., ADVOCATE)

AND:


1. STATE OF KARNATAKA
BY MANDYA WEST POLICE STATION,
MANDYA WEST
MANDYA KARNATAKA - 570 401

REPRESENTED BY THE STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA
VIDHANASOUDHA,
BANGALORE - 560 001


Digitally
signed by R
MANJUNATHA
Location:
HIGH COURT
OF
KARNATAKA

2. SRI. KANNAMBADI KUMAR
S/O LATE KULLA NINGIAH
AGED ABOUT 47 YEARS,
NO. KAL-199/1, 7TH CROSS,

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WP No. 20693 of 2024


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V V NAGAR, MANDYA TALUKU
MANDYA - 571 401

…RESPONDENTS
(BY SMT. WHAEEDA M.M., HCGP FOR R1
R2 - SERVED)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF
CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN
CC.NO. 712/2024 FOR THE OFFENCES PUNISHABLE UNDER
SECTION 153 B, 505(1)(B) OF IPC, BEFORE THE PRINCIPAL
SENIOR CIVIL JUDGE AND CJM AT MANDYA IN SO FAR AS
PETITIONER CONCERNED ONLY PRODUCED AT ANNX-C
HOLDING THAT IT IS AN ABUSE OF PROCESS OF LAW.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

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HC-KAR
NC: 2026:KHC:59836
WP No. 20693 of 2024


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ORAL ORDER

Heard Sri Vinod Kumar, learned counsel appearing
for the petitioner, Smt. Waheeda M.M., learned High Court
Government Pleader appearing for respondent No.1
2. Respondent No.2 though served remained
absent and unrepresented.
3. Petition under Article 226 and 227 of the
Constitution of India r/w Section 482 Cr.PC is filed with the
following prayers:

" a) Issue a writ of certiorari or any other writ
quashing the entire proceedings in C.C.No.712/2024,
for the offences punishable under Section 153B,
505(1)(B) of IPC, before the Principal Senior Civil
Judge and CJM at Mandaya inso far petitioner is
Annexure-C
concerned only at , holding that it is an
abuse of process of law.
b) Issue a writ of certiorari or any other writ
quashing the order taking cognizance dated
24/06/2024 by the Principal Senior Civil Judge and
CJM at Mandya, in C.C.No.712/2024, for the offences

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punishable under section 153 B, 505(1)(B) of IPC, in
Annexure-C
so far petitioner is concerned only at
holding that it is an abuse of process of law.
c) pass appropriate orders under the facts and
circumstances of the case, in the interest of justice."
4. Facts of the case are as under:
West Police Station, Mandya, registered a case based on
the complaint lodged by the second respondent namely
Kannambadi Kumar in Crime No.30/2024 under Section
153B, 505(1)(B) of IPC.

5. Gist of the complaint averments reveal that on
18.12.2022, there was a protest by set of persons claimed
to be the Bharathiya Janatha Party followers-A Political
Party. In that protest, the people who had assembled were
raising the slogans 'Pakistan Zindabad' by seeing such
video, complainant said to have been disturbed mentally
and therefore sought for action.

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6. Sri. Vinod Kumar, learned counsel for the
petitioner contended that raising of slogans 'Pakistan
Zindabad' is totally unintentional nor was intended to
create any unrest in the society at large and also not with
an intention to affect any particular community inasmuch
as the procession and demonstration was by the BJP-a
political party and in such procession/demonstration, the
words have been spoken, the slogan has been there out of
slip of tongue in the force of protest and instead of raising
the slogan 'Pakistan Murdhabad' the persons have raised
the slogan 'Pakistan Zindabad' and therefore, continuation
of the criminal case needs to be quashed.
7. Per contra, Smt. Waheeda M.M., learned High
Court Government Pleader would submit that the video
clip that has been furnished by the complainant to the
Jurisdictional Police clearly mentions about the words
'Pakistan Zindabad' and therefore, investigation has to
continue. Therefore, the petitioner has to face the trial.

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8. She would further invite the attention of this
court to the column number 17 of the charge sheet
whereunder it has been mentioned that on 18.12.2022,
there was a objectionable statement made by the Foreign
Minister of Pakistan and in that regard the demonstration
was arranged and in the heat of protest, in order to create
unrest in the society purposefully, the petitioner herein
has raised the slogan 'Pakistan Zindabad' and therefore
sought for dismissal of the petition.
9. Having heard the arguments of both sides this
court noted the relevant aspects of the matter.
10. At the outset, in a demonstration organized by
the Bharathiya Janatha Party-a Political Party, It is highly
unimaginable that the protesters therein would raise the
slogan 'Pakistan Zindabad'.
11. It is in that context that the argument of the
petitioner needs to be considered that in the flow of raising

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the slogans by mistake the words Zindabad has crept in
instead of Murdhabad.
12. At any rate, the second respondent herein
based on the video clip published through YouTube
channel has lodged the complaint, that too after lapse of 2
years of the incident.
13. The investigation agency could not get any
further information as to who are all participated in such
demonstration and what are the
repercussions/consequences of raising such slogans in the
society which resulted in unrest in the society of a
particular community or public at large.
14. Therefore, continuation of the criminal case in
the considered opinion of this Court is thus unnecessary
and would amounts to abuse of process of law.
15. In a similar situation where intentionally the
slogan 'Pakistan Zindabad' has been complained of and

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this Court had the occasion to consider the effect of taking
cognizance and proceeding with the case in view of
Section 196(1)(A) of Cr.P.C. whenever an offence under
Section 505 IPC is alleged.
16. The said decision is rendered in Criminal
Sri. K. M. Basha
Petition No. 201668/2022 in the case of
alias Mehaboob Basha Vs. State of Karnataka
. This
Court in the said case has noted that prior sanction is
necessary for initiating the action for the offence
punishable under Section 505 IPC.
17. In the case on hand also, no such prior sanction
is obtained and cognizance is taken by the Magistrate.
18. Therefore, on one hand, ingredients of Section
153 being not attracted, and on the other hand, prior
sanction is not obtained for offence under Section 505 of
IPC, this Court is constrained to quash the pending
criminal proceedings.

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HC-KAR
NC: 2026:KHC:59836
WP No. 20693 of 2024


CNR: KAHC010434722024


19. Hence, the following:
ORDER
i) The writ petition is allowed.
ii) Impugned proceedings in C.C.No.712/2024,
pending on the file of the Principal Senior Civil Judge and
CJM, at Mandya, arising out of Crime No.30/2024,
registered by the Mandya West Police Station, qua the
petitioner is hereby quashed.
Ordered accordingly.

Sd/-

(V SRISHANANDA)
JUDGE


HR
List No.: 1 Sl No.: 73