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Synopsis

Karnataka Chief Minister Siddaramaiah has filed a plea in the Supreme Court challenging the February 6 order of the High Court, declining to quash criminal proceedings initiated against him and others for a protest march in 2022.

The High Court has relegated the Congress leader to face trial and appear before the Special MP/MLA court in Bengaluru on February 26, 2024.

"The impugned order is completely silent on the aspect of whether the ingredients of the offence in question were made out based on the allegations in the present complaint and the High Court has failed to ascertain the fact whether the prosecution of the petitioner would be legitimate in the given facts and circumstances," his plea said.

The petitioner also contended the present proceedings are nothing but an abuse of the process of law and would lead to undue harassment.

"It is to be seen that the incident complained lasted for almost an hour and no violent action or use of criminal force has been alleged against any of the members of the procession, it is thus submitted that the prosecution cannot be allowed to continue on such frivolous incidents where no allegation of criminality has been attributed to any of the members of the assembly," it has been submitted.

The plea further points out the only allegations made in the present complaint are that he along with the other named persons was walking on the road shouting slogans to reflect their protest of governmental actions and it has been vaguely stated that these actions led to disruption of law and order.

"This court has time and again reiterated that while considering an application filed u/s 482 of the CrPC, High Courts are duty-bound to consider the nature and allegations in the FIR and whether the averments/ allegations in the FIR prima facie discloses the commission of the cognizable offences or not and whether continuation of the proceedings will result in miscarriage of justice and abuse of process of law," it stated.

An FIR in the case was on February 14, 2022 by the High Grounds Police, Bengaluru City under Sections 143 and 341 of IPC 1860 and under Section 103 of Karnataka Police Act, 1963.

The police filed the charge sheet in the case on February 12, 2023 whereas court took cognisance of the charge sheet on June 13, 2023.

According to the charge sheet, the petitioners were protesting and shouting slogans against the minister and when they tried to march from the congress office to the residence of the Chief Minister they were taken into custody.

High Court rejected the petitions filed by Siddaramaiah, Congress’ state in charge Randeep Singh Surjewala, ministers Ramalinga Reddy and MB Patil challenging the FIR registered against them for marching to the then Chief Minister Basavaraj Bommai’s residence, demanding arrest of then Minister K S Eshwarappa over suicide of Santhosh Patil in April, 2022.

Moreover, the high court had imposed a cost of Rs 10,000 on each of the petitioners, payable to Chief Minister’s relief fund within two weeks, for naming the police officer Jahida as a party in their petition.