Karnataka High Court Quashes Proceedings Against Congress Leader Accused Of Assaulting Ex-MLA In Legislative Assembly

The Karnataka High Court quashed offence of voluntarily causing simple hurt lodged against Congress leader Naseer Ahmed accused of assaulting former MLA K Sudhakar in the Legislative Assembly in 2019. 

It was alleged that by the complainant Amruthesh NP that on 10.07.2019 in front of the Office of Minister K.J. George and the Speaker of Vidhana Soudha, while MLA K Sudhakar was proceeding to submit his resignation to the Speaker, some Members of the Legislative Council dragged K Sudhakar to the Chambers of the Minister and had assaulted him.

Sudhakar who was earlier in the Congress party and an MLA, is presently in the BJP and was elected as a Member of Parliament from Chikkaballapur constituency in 2024 Lok Sabha elections.

It was alleged that in connection with this incident an FIR was lodged, investigation is completed and charge-sheet is filed. The petitioner was the sole accused in an FIR registered against him and sought setting aside of the chargesheet registered by the Police.

The petitioner argued that the material placed on record "even prima facie" does not disclose any offence against the petitioner herein and accordingly, the continuation of proceedings against the petitioner amounts to abuse of process of law. The petitioner's counsel submitted that the in so far as alleged assault is concerned, there is neither any supporting material nor any medical records indicating that the MLA was hurt. It was further submitted that no Wound Certificate was marked and the prima facie ingredients of Section 323 of IPC are not made out.

The petitioner had sought quashing of offence under Section 323(voluntarily causing simple hurt) IPC charged against him. Before the high court the petitioner submitted that insofar as the offence punishable under Section 341(wrongful restraint) IPC is concerned, he sought liberty to take appropriate stand before the trial Court at the stage of hearing before charge.

Justice S Sunil Dutt Yadav in his order said: 

"On a careful reading of Section 321, it is necessary that an act must be done with an intention of causing hurt to a person. The ingredients of Section 321 of IPC are required to be fulfilled. It is necessary that, for the purpose of Section 323, hurt must be caused. The statement Sri K. Sudhakar...under Section 161 found at Exhibit-'E' would reveal that the only allegation made out is that the said Member was pulled, obstructed and shuffled. There is no medical record to indicate hurt.

The charge sheet also does not have any material in support of the finding in Column-7 to establish that hurt was caused.Taking note of the statement of Sri K. Sudhakar under Section 161, it could be stated that no case is made  out insofar as the offence punishable under Section 323 of IPC is concerned. It is necessary for the purpose of Section 323 that hurt must be caused, as it is an essential ingredient of the said offence. There is no statement by any of the witnesses as well to corroborate the allegation of assault resulting in hurt. In the absence of any such testimony or medical records to evidence that hurt has been caused, this Court finds that no offence punishable under Section of 323 of IPC is made out".

The court thus quashed the proceedings against the petitioner for offence under Section 323 IPC.

Taking note of the petitioner's stand the court said that the  other contentions of the petitioner are kept open regarding the remaining offence. 

The plea was disposed of. 

Case title: SRI NASEER AHMED v/s THE STATE OF KARNATAKA & Anr. 

CRIMINAL PETITION NO. 14932 OF 2025 

Counsel for petitioner: Senior advocate V Lakshminarayana, advocate Chandpasha

Counsel for respondent: Addl SPP BN Jagadeesha 

Click Here To Read/Download Order