High Court of Karnataka Quashes FIR Against Politicians for Peaceful Protest at Chief Minister's Residence — No Offence Under Section 143 IPC and Section 103 Karnataka Police Act, 1963. Court holds that peaceful protest without obstruction or violence does not constitute unlawful assembly or obstruction of public servant.

High Court: Karnataka High Court Bench: BENGALURU In Favour of Accused

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2026-05-18 15:52:52

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Case Note & Summary

The judgment concerns four petitions filed by three petitioners: Sri Siddaramaiah (former Chief Minister), Sri Randeep Singh Surjewala (Member of Parliament), and another petitioner in Crl.P.No.12650/2023. They sought quashing of FIR in Crime No.54/2022 dated 14.04.2022 registered by High Grounds Police Station, Bengaluru, for offences under Section 143 IPC and Section 103 of the Karnataka Police Act, 1963, and the consequent charge sheet and proceedings in C.C.No.12763/2023 pending before the 42nd ACMM (Special Court for Trial of Cases against sitting and former MP/MLA). The complaint was filed by Kumari Jahida, a police officer, alleging that on 14.04.2022, the petitioners along with others gathered near the residence of the Chief Minister of Karnataka and protested, causing obstruction to the public and police. The petitioners argued that the allegations do not make out the ingredients of the offences as there was no common object to commit any offence and no actual obstruction. The court examined the FIR and charge sheet and found that the protest was peaceful, without any violence or obstruction. The court held that Section 143 IPC requires an unlawful assembly with a common object to commit an offence, and Section 103 of the Karnataka Police Act requires actual obstruction of a public servant. Since the allegations only indicated a peaceful protest, no offence was made out. The court quashed the FIR, charge sheet, and all proceedings in C.C.No.12763/2023, exercising inherent powers under Section 482 CrPC and Articles 226 and 227 of the Constitution.

Headnote

A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Inherent Power - FIR quashed where allegations even if accepted do not constitute offence - Held that continuation of proceedings would be abuse of process of court (Paras 1-10).

B) Indian Penal Code - Unlawful Assembly - Section 143 IPC - Ingredients - Mere gathering without common object to commit offence not sufficient - Held that peaceful protest without violence or obstruction does not attract Section 143 IPC (Paras 5-8).

C) Karnataka Police Act - Obstructing Public Servant - Section 103 - Requirement of actual obstruction - Mere presence or protest without physical obstruction not enough - Held that no offence made out (Paras 5-8).

Issue of Consideration

Whether the FIR and charge sheet against the petitioners for offences under Section 143 IPC and Section 103 of the Karnataka Police Act, 1963, are liable to be quashed on the ground that the allegations do not make out the ingredients of the said offences.

Final Decision

The court allowed the petitions and quashed the FIR in Crime No.54/2022 dated 14.04.2022, the charge sheet dated 12.02.2023, and all further proceedings in C.C.No.12763/2023 pending before the 42nd ACMM, Bengaluru.

Law Points

Section 143 IPC requires common object of unlawful assembly
Section 103 Karnataka Police Act requires obstruction of public servant
peaceful protest without obstruction not an offence
quashing under Section 482 CrPC for abuse of process

Case Details

2024 LawText (KAR) (02) 7

CRL.P.NO.7533/2023 C/W WP NO.29380/2023, WP NO.430/2024, CRL.P.NO.12650/2023

2024-02-06

Justice Krishna S Dixit

Sri Shathabish Shivanna, Sri Bipin Hegde, Smt Latha S Shetty, Sri B N Jagadeesh

Sri Siddaramaiah, Sri Randeep Singh Surjewala, and another petitioner in Crl.P.No.12650/2023

State of Karnataka and Kumari Jahida WPSI

Nature of Litigation

Criminal petitions under Section 482 CrPC and writ petitions under Articles 226 and 227 of the Constitution seeking quashing of FIR, charge sheet, and proceedings.

Remedy Sought

Petitioners sought quashing of FIR in Crime No.54/2022 dated 14.04.2022, charge sheet dated 12.02.2023, and all further proceedings in C.C.No.12763/2023.

Filing Reason

Petitioners were accused of offences under Section 143 IPC and Section 103 of the Karnataka Police Act, 1963, for allegedly gathering and protesting near the Chief Minister's residence, causing obstruction.

Issues

Whether the allegations in the FIR and charge sheet make out the ingredients of Section 143 IPC and Section 103 of the Karnataka Police Act, 1963. Whether the continuation of proceedings would be an abuse of process of court warranting quashing under Section 482 CrPC.

Submissions/Arguments

Petitioners argued that the protest was peaceful and there was no common object to commit any offence, nor any actual obstruction to the public or police. Respondent State argued that the FIR disclosed a prima facie case and the matter should proceed to trial.

Ratio Decidendi

The court held that for an offence under Section 143 IPC, there must be an unlawful assembly with a common object to commit an offence, and for Section 103 of the Karnataka Police Act, there must be actual obstruction of a public servant. Peaceful protest without violence or obstruction does not constitute these offences. Continuation of proceedings would be an abuse of process of court.

Judgment Excerpts

The allegations in the FIR and charge sheet do not make out the ingredients of Section 143 IPC or Section 103 of the Karnataka Police Act. Peaceful protest without obstruction or violence is not an offence. Continuation of proceedings would be an abuse of process of court.

Procedural History

FIR registered on 14.04.2022, charge sheet filed on 12.02.2023, case pending as C.C.No.12763/2023 before 42nd ACMM. Petitioners filed Crl.P.No.7533/2023, WP No.29380/2023, WP No.430/2024, and Crl.P.No.12650/2023 seeking quashing. All petitions heard together and disposed of by this common judgment.