Safiya Malik

The Karnataka High Court Single Bench of Justice S. Sunil Dutt Yadav quashed proceedings against Congress leader Naseer Ahmed for voluntarily causing simple hurt, finding that the charge sheet lacked the essential ingredients to establish the offence. The Court noted the absence of any medical records or witness testimony confirming that hurt was actually caused to the complainant, and held that the sole accused's alleged conduct — pulling, obstructing, and shuffling the victim — did not satisfy the statutory requirements of the offence. Accordingly, the Court held that continuation of such proceedings would amount to an abuse of process of law.

A complaint was lodged by Amruthesh N.P. with the Vidhana Soudha Police Station alleging that on July 10, 2019, at around 4:00 p.m., K. Sudhakar — then Member of Legislative Assembly for Chikkaballapura and Chairman of the Karnataka State Pollution Control Board — was proceeding to tender his resignation to the Speaker at the West entrance of Vidhana Soudha. While near the lift, he was allegedly obstructed, dragged to a Minister's chamber, and assaulted by members of the Legislative Council. Following investigation, a charge sheet was filed against Naseer Ahmed as the sole accused for offences of voluntarily causing hurt and wrongful restraint.

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Naseer Ahmed approached the High Court seeking to quash the charge sheet, contending that the material on record did not prima facie disclose any offence against him. Counsel for the petitioner argued that no medical records or wound certificate were produced, and that the statement of K. Sudhakar recorded during investigation revealed only that he had been pulled, obstructed, and shuffled, falling short of establishing that hurt was caused.

The Court noted that the petition was being considered only insofar as the plea for setting aside of proceedings relating to the offence punishable under Section 323 of IPC was concerned, taking note of the limited stand adopted by the petitioner's counsel.

On the ingredients required for the offence, the Court stated:"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 Court then examined the statement of the complainant recorded under Section 161 and observed:"The statement Sri K. Sudhakar, the then Member of Legislative Assembly, Chikkaballapura 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."

On the absence of corroborating material, the Court recorded:"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."

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The petitioner's counsel had also submitted that there was neither supporting material nor any medical records indicating hurt, that no Wound Certificate was marked, and that the prima facie ingredients of Section 323 of IPC were not made out.

The Court directed: "Accordingly, the proceedings as regards the offence punishable Section 323 of IPC are set aside. The other contentions of the petitioner are kept open regarding the remaining offence, taking note of the stand of petitioner."

"Accordingly, the proceedings in C.C.No.38171/2025 pending on the file of XLII Additional Chief Judicial Magistrate, Bengaluru insofar as the offence punishable under Section of 323 of IPC stand quashed. Subject to the above observations, the petition is disposed of."

Advocates Representing the Parties:

For the Petitioner: Sri V. Lakshminarayana, Senior Advocate for Sri Chandpasha, Advocate

For the Respondents: Sri Jagadeesha B.N., Additional State Public Prosecutor.

Case Title: Sri Naseer Ahmed v. The State of Karnataka & Anr.

Neutral Citation: 2026:KHC:12037

Case Number: Criminal Petition No. 14932 of 2025

Bench: Justice S. Sunil Dutt Yadav