Karnataka HC Quashes Case Against Constable Accused Of Instigating Assault, As Complaint And Witnesses Did Not Place Him At Scene

The petitioner, a police constable arraigned as accused No. 5, sought quashing under Section 482 CrPC of the charge sheet and proceedings alleging offences under Sections 143, 504, 323, 324, 448, 506, 114 read with Section 149 IPC.

The complaint and witness statements attributed the incident to his instigation, but the petitioner contended that they did not place him at the scene; he also relied on a duty assignment for village patrol on the date of the incident.

The complainant relied, among other things, on a Station House Diary entry concerning the petitioner’s presence at the police station at 9.00 a.m.

The State submitted that the charge sheet was based on witness statements.

The petition invoked the High Court’s inherent jurisdiction under Section 482 CrPC to seek quashing of criminal proceedings.

The alleged offences were under Sections 143, 504, 323, 324, 448, 506, 114 and 149 IPC.

Relying on its earlier order in Criminal Petition No. 1294/2020, dated 25 May 2023, the Court applied the principle that, for Section 114 IPC to apply, the abettor must be present when the offence is committed.

The Court found that the complaint and witness statements did not disclose the petitioner’s presence at the scene; they asserted only that he had instigated the incident and was responsible for it.

The duty assignment supported the petitioner’s contention that he was assigned to village patrol that day.

Although the Station House Diary referred to his presence at the police station at 9.00 a.m. and to the complainant being made to sit near the lock-up, the Court held that this did not establish his presence at the place where the alleged offence occurred.

Applying its stated understanding of Section 114 IPC, the Court found that the required ingredient was absent and that the remaining alleged offences also did not attract against the petitioner.

The Court allowed the petition and quashed the proceedings against accused No. 5 in Crime No. 66/2020 for the offences under Sections 143, 504, 323, 324, 448, 506, 114 read with Section 149 IPC.