Karnataka HC Quashes Case Against Six Over Alleged Police Obstruction, Citing Double-Jeopardy Concerns From Similar Complaints in Bank-Auction Dispute

Respondent No. 2, an Assistant Sub-Inspector, alleged that on 18 August 2023, after a court commissioner had evicted petitioner No. 2 and others and delivered possession of the property to Tumakuru Veerashaiva Co-operative Bank Ltd., the petitioners and others attempted to re-enter the property, obstructed police personnel, and disturbed public peace

Kengeri Police registered Crime No. 375/2023, and, after investigation, filed a charge sheet against the petitioners for offences under Sections 427, 143, 147, 148, 448, 291 and 353 read with Section 149 of the IPC, and Section 2 of the Prevention of Destruction and Loss of Property Act, 1981

The petitioners sought quashing under Section 482 CrPC, arguing, among other things, that the complaint was retaliatory and that similar complaints concerning the property had already been registered

The Court noted complaints registered as Crime Nos. 287/2022, 374/2023 and 617/2023 concerning similar allegations

Section 482 of the Code of Criminal Procedure, 1973 empowers the High Court to quash criminal proceedings to prevent abuse of the process of law.

The Court referred to the charged offences under Sections 427, 143, 147, 148, 448, 291 and 353 read with Section 149 of the IPC, and Section 2 of the Prevention of Destruction and Loss of Property Act, 1981

It applied the principles of sameness and double jeopardy, reasoning that continuation of proceedings based on allegations similar to those in other cases would raise those concerns and amount to an abuse of process

The judgment cites no precedent.

The Court observed that complaints in Crime Nos. 287/2022 and 617/2023, as well as the present case, involved similar allegations that the petitioners had unlawfully entered or occupied the property following its transfer to the auction purchaser

Given that similarity, it held that continuing the present prosecution would attract the principle of sameness and raise an issue of double jeopardy

It further concluded that, even accepting the FIR and charge-sheet allegations at face value, they did not prima facie establish the offences alleged against the petitioners; continuation of the case would therefore constitute an abuse of process

It quashed the proceedings against accused Nos. 1 to 6 in C.C. No. 6001/2024, arising from Crime No. 375/2023, for the offences under Sections 427, 143, 147, 148, 448, 291 and 353 read with Section 149 of the IPC and Section 2 of the Prevention of Destruction and Loss of Property Act, 1981