Karnataka HC Quashes Red Cross Worker’s SC/ST Act Case Against Udupi Unit Officials Over Missing Affidavit, Section 154 CrPC Lapses

The petitioners sought to quash proceedings arising from a private complaint, P.C. No. 03/2021, alleging offences under the SC/ST (Prevention of Atrocities) Act and the IPC.

The complaint referred to incidents on 18 February, 16 March and 23 March 2021, including the complainant’s removal from service.

The petitioners argued that the complaint was unsupported by an affidavit and did not establish compliance with Sections 154(1) and 154(3) of the CrPC, as required by Priyanka Srivastava.

The complainant’s counsel stated that the police had not received the complaint and had issued an endorsement, and that an NCR was issued in relation to a subsequent complaint; counsel also acknowledged the absence of an affidavit and non-compliance with Sections 154(1) and 154(3).

The Court relied on the Supreme Court’s decision in Priyanka Srivastava concerning applications invoking the Magistrate’s power under Section 156(3) CrPC.

It treated that decision as requiring an affidavit and prior compliance with Sections 154(1) and 154(3) CrPC before such recourse.

The Court held that non-compliance with those requirements constituted a foundational defect in the private complaint warranting exercise of the High Court’s inherent power under Section 482 CrPC.

The complaint was filed in 2021, after the Priyanka Srivastava decision, but was not supported by an affidavit and did not demonstrate compliance with Sections 154(1) and 154(3) CrPC.

Although the complainant sought an opportunity to cure the defects and referred to the police’s refusal to receive a complaint and the issuance of an NCR, the Court declined to permit a remand for that purpose.

It concluded that the acknowledged omissions were foundational and that allowing the proceedings to continue would amount to an abuse of process or miscarriage of justice.