High Court Quashes FIR Against NCPCR Chairperson in Criminal Trespass and Outraging Religious Feelings Case — Allegations of Unauthorized Entry and Insult to Religious Sentiments Found Baseless as Petitioner Was on Official Duty. Petitioner's entry into madrasa was in official capacity as Chairperson of NCPCR and monitoring authority under Juvenile Justice Act, 2015, with prior intimation to police; no criminal intent or malice established.

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

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2026-05-18 12:45:30

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Case Note & Summary

The petitioner, Mr. Priyank Kanoongo, Chairperson of the National Commission for Protection of Child Rights (NCPCR), filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of FIR No. 316/2023 registered by Devarajeevanahalli Police Station, Bengaluru, for offences punishable under Sections 34, 447, 448 and 295A of the Indian Penal Code, 1860 (IPC). The FIR was lodged by respondent No. 2, Mr. Ashraf Khan, alleging that on 13.11.2023, the petitioner along with others forcibly entered a madrasa (religious school) without permission, abused the inmates, and insulted religious sentiments. The petitioner contended that he was on an official tour as Chairperson of NCPCR and also as Chairperson of the monitoring authority under the Juvenile Justice (Care and Protection of Children) Act, 2015, and had prior intimation to the local police. The court examined the allegations and found that the petitioner's entry was in official capacity, there was no criminal intent, and the allegations under Section 295A IPC were not made out as there was no deliberate and malicious act. The court held that continuing the proceedings would be an abuse of process of law and quashed the FIR.

Headnote

A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Inherent Powers - FIR quashed where allegations do not disclose any criminal offence and the petitioner was acting in official capacity as Chairperson of NCPCR during an official tour - Held that continuation of proceedings would be an abuse of process of law (Paras 1-10).

B) Indian Penal Code - Criminal Trespass - Sections 447, 448 IPC - Essential Ingredients - Unauthorized entry with intent to commit offence - Petitioner entered premises in official capacity with prior intimation to police, no criminal intent - Held that no case of criminal trespass is made out (Paras 3-8).

C) Indian Penal Code - Outraging Religious Feelings - Section 295A IPC - Deliberate and Malicious Act - Allegations of insult to religious sentiments during inspection of madrasa - Petitioner's actions were part of official duty, no evidence of malice - Held that Section 295A is not attracted (Paras 3-8).

Issue of Consideration

Whether the FIR registered against the petitioner, the Chairperson of the National Commission for Protection of Child Rights, for offences under Sections 34, 447, 448 and 295A of the IPC should be quashed as the allegations do not disclose any criminal offence and the petitioner was acting in official capacity.

Final Decision

The court allowed the petition and quashed the FIR No. 316/2023 registered by Devarajeevanahalli Police Station, Bengaluru, for offences under Sections 34, 447, 448 and 295A IPC.

Law Points

Criminal trespass requires unauthorized entry with intent to commit offence
Section 441 IPC
Outraging religious feelings under Section 295A IPC requires deliberate and malicious act intended to insult religion
Official duty of statutory authority cannot be termed criminal without evidence of malice
Quashing of FIR under Section 482 CrPC when allegations do not constitute offence.

Case Details

2024 LawText (KAR) (09) 65

CRL.P No. 5840 of 2024

2024-09-18

M. Nagaprasanna

Sri Vatsal Joshi, Sri Vinayaka S. Pandit, Sri B.N. Jagadeesha, Sri Muzaffar Ahmed

Mr. Priyank Kanoongo

State of Karnataka and Mr. Ashraf Khan

Nature of Litigation

Criminal petition under Section 482 CrPC seeking quashing of FIR for offences under Sections 34, 447, 448 and 295A IPC.

Remedy Sought

Petitioner sought quashing of FIR No. 316/2023 registered by Devarajeevanahalli Police Station, Bengaluru.

Filing Reason

Petitioner alleged that the FIR was baseless and malicious, and that he was acting in official capacity as Chairperson of NCPCR during an official tour.

Issues

Whether the FIR discloses any criminal offence against the petitioner? Whether the petitioner's actions were in official capacity and thus protected? Whether continuation of proceedings would be an abuse of process of law?

Submissions/Arguments

Petitioner argued that he was on official tour as Chairperson of NCPCR and monitoring authority under Juvenile Justice Act, 2015, and had prior intimation to police; no criminal intent. Respondent No. 2 alleged that petitioner forcibly entered madrasa, abused inmates, and insulted religious sentiments. State submitted that investigation is pending.

Ratio Decidendi

The allegations in the FIR do not disclose any criminal offence; the petitioner was acting in official capacity as Chairperson of NCPCR and monitoring authority under the Juvenile Justice Act, 2015, during an official tour with prior intimation to police; there is no evidence of criminal intent or malice; continuing the proceedings would be an abuse of process of law, warranting quashing under Section 482 CrPC.

Judgment Excerpts

The petitioner – Chairperson of the National Commission for Protection of Child Rights is knocking at the doors of this Court calling in question registration of a crime in Crime No.316/2023 for the offences punishable under Sections 34, 447, 448 and 295A of the IPC. Sans details, facts in brief, are as follows: The issue in the lis would commence on 13.11.2023, when an official tour programme of the petitioner is notified. He was in the official tour in the capacity of being a Chairperson of the statutory body – the National Commission for Protection of Child Rights as also the Chairperson of the monitoring authority under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015.

Procedural History

The petitioner filed a criminal petition under Section 482 CrPC before the High Court of Karnataka at Bengaluru on 18.09.2024 seeking quashing of FIR No. 316/2023 registered on 21.11.2023 by Devarajeevanahalli Police Station, Bengaluru, for offences under Sections 34, 447, 448 and 295A IPC. The court heard the parties and passed the order on the same day.