Karnataka High Court
Rajesh R vs State Of Karnataka on 18 April, 2023
Author: K.Natarajan
Bench: K.Natarajan
-1-
CRL.P No. 2126 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF APRIL, 2023
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO.2126 OF 2023
BETWEEN:
1. RAJESH R
S/O RAMESH,
AGED ABOUT 27 YEARS,
R/O RASHMI NILAYA,
11TH CROSS, SIT EXTN,
TUMKUR 572103.
...PETITIONER
(BY SRI. VIKYATH B.,ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY NEW EXTENSION P.S,
REP. BY HCGP,
HIGH COURT BUILDING,
BANGALORE-560001.
2. SHESHADRI
Digitally signed by
BHAVANI BAI G AGED ABOUT 58 YEARS,
Location: High
Court of POLICE INSPECTOR,
Karnataka
CEN P.S,
TUMAKURU-572101.
...RESPONDENTS
(BY SRI. B.J. ROHITH, HCGP FOR R1 AND R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
Cr.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN
C.C.NO.361/2021 CRIME NO.12/2020 OF NEW EXTENSION P.S. ON
THE FILE OF PRINCIPLE CIVIL JUDGE AND JMFC, TUMKUR FOR THE
OFFENCE PUNISHABLE UNDER SECTION 79, 80 OF K.P. ACT AND
ETC,.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS
DAY, THE COURT MADE THE FOLLOWING:
-2-
CRL.P No. 2126 of 2023
ORDER
Learned HCGP takes notice for respondent Nos.1 and 2.
2. This petition is filed by the petitioner/accused ..us 482 of Cr.P.C for quashing the criminal proceedings in C.C.No.361/2021 arising out of Crime No.12/2020 registered by Tumkur police station and charge sheeted for the offence punishable under Section 79 and 80 of Karnataka Police Act (herein after referred to as 'K.P. Act') pending on the file of Principal Civil Judge and JMFC, Tumkur.
3. Heard learned counsel for petitioners and learned HCGP. for the State.
4. The case of the prosecution is that on the credible information issued by the police officer on 09.02.2020 filed a report to the police inturn police registered the FIR in Crime No.12/2020 for the aforementioned offences and also Section 420 of the IPC after the investigation they filed the charge sheet for the offence punishable under Section 79 and 80 and K.P. Act and dropped the IPC Section. It is alleged that on 09.02.2020 the petitioner said to be engaged in cricket betting -3- CRL.P No. 2126 of 2023 in room No.7 of Aishwarya lodge and also online horse riding. Learned counsel for petitioner submits the offence alleged against the petitioner is non cognizable offence and in order to avoid obtaining the permission under section 155 of Cr.P.C the police added 420 of IPC and dropped in the charge sheet. Hence, without the permission of the Magistrate registering FIR and filing the charge sheet is against the provision of section 155 of Cr.P.C. Hence prayed for allowing the petition.
5. Per contra learned HCGP objected the petition.
6. Having heard the arguments perusal of the records, which reveals ofcourse there is no complaint from any of the public against the petitioner for having cheated any of the persons for receiving money it is said to be a cricket betting played by the accused in a room.
7. The police have filed charge sheet for the offence under section 79 and 80 of K.P. Act which is non cognizble offence where the police are required to obtain the permission under section 155 (2) of Cr.P.C where the informant shall appear before the Magistrate under section 155 (1) of Cr.P.C -4- CRL.P No. 2126 of 2023 but without obtaining permission for non-cognizable offence, the police registered the case for the non cognizable offence and purposely added section 420 of IPC in order to avoid for seeking permission and later they drooped 420 of IPC, which reveals the police have violated the provision of 155 of Cr.P.C while registering and filing the charge sheet. Therefore FIR registered against the petitioner is not sustainable under the law.
8. This court in various cases including the judgment of coordinate bench in Vaggeppa Gurulinga Jangaligi (Jangalagi) vs. The State of Karnataka, Through PSI, Kagwad Police Station, Belagavi reported in ILR 2020 KAR 630 and is of the view that permission under section 155 of Cr.P.C is required for registering FIR in non cognizable offences. Therefore, I am of the view, continuing the criminal proceedings against the petitioner is not sustainable under law. Hence, criminal proceedings required to be quashed.
Accordingly, this petition is allowed.
Consequently, the criminal proceedings against the petitioner in C.C.No.361/2021 arising out of Crime No.12/2020 -5- CRL.P No. 2126 of 2023 registered by Tumkur police station and charge sheeted for the offence punishable under Section 79 and 80 of K.P. Act pending on the file of Principal Civil Judge and JMFC, Tumkur, is hereby quashed.
In view of disposal of main petition, I.A.No.1/2023 does not survive for consideration. Accordingly I.A.No.1/2022 is disposed of.
Sd/-
JUDGE AKV List No.: 1 Sl No.: 51