Karnataka High Court
Yamanappa Hunugunda vs The State Of Karnataka on 20 January, 2016
Author: Rathnakala
Bench: Rathnakala
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JANUARY 2016
BEFORE
THE HON'BLE MRS.JUSTICE RATHNAKALA
CRIMINAL PETITION NO.7169/2015
BETWEEN:
1. YAMANAPPA HUNUGUNDA
S/O HANUMANTHAPPA
AGED ABOUT 47 YEARS
R/O 4TH CROSS, BHAGATH SING NAGAR,
OPP. DANGE PARK,
K.T.J.NAGAR,
DAVANAGERE - 577 005.
2. SHIVARAJ
S/O GANGAPPA
AGED ABOUT 38 YEARS
R/O 1234/1, 1ST MAIN
1ST CROSS, ANJANEYA BADAVANE
DAVANAGERE - 577 004.
3. GADIGESHWARA
S/O SIDDESHAPPA
AGED ABOUT 45 YEARS
R/O NO.75, EXTENSION
'A' BLOCK, HARIHAR TOWN
DAVANAGERE DISTRICT - 577 005.
4. S.H.MARULASIDDAPPA
S/O HALAPPA
AGED ABOUT 40 YEARS
R/O NO.621, BEHIND CHOWDAMMA TEMPLE
NITTUVALLI
DAVANAGERE - 577 005.
5. UMESHAPPA
S/O NARAPPA
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AGED ABOUT 42 YEARS
R/O BELLUDI VILLAGE
HARIHARA TALUK
DAVANAGERE DISTRICT - 577 003.
6. G.H.BASAVARAJAPPA
S/O MAHADEVAPPA
AGED ABOUT 36 YEARS
R/O NO.71, HALLADAKERI
HARIHARA TOWN
DAVANAGERE DISTRICT - 577 005.
7. SUBHASH
S/O RUDRAPPA
AGED ABOUT 33 YEARS
C.P.C. NO.102,
RMC YARD POLICE STATION
DAVANAGERE
R/O MALLENAHALLI VILLAGE
DAVANAGERE TALUK AND DISTRICT - 577 005.
8. ANJINAPPA
S/O VENKATESHAPPA
AGED ABOUT 39 YEARS
A.P.C. C.R.E. CELL,
DAVANAGERE
R/O HODIGERE VILLAGE,
CHANNAGIRI TALUK
DAVANAGERE DISTRICT - 577 005. ...PETITIONERS
(BY SRI M.VISHWAJITH RAI, ADV.)
AND:
THE STATE OF KARNATAKA
BY EXTENSION POLICE STATION
DAVANAGERE
REPTD. BY ITD S.P.P.
HIGH COURT BUILIDNG
BANGALORE - 560 001. ...RESPONDENT
(BY SRI CHETAN DESAI, HCGP.)
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THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE COMPLAINT,
F.I.R. AND CHARGE SHEET IN CRIME NO.275/2014 DATED
12.12.2014 REGISTERED BY EXTENSION POLICE STATION,
DAVANAGERE, PENDING ON THE FILE OF J.M.F.C.-1
COURT, DAVANAGERE IN C.C. NO.1265/2015, FOR THE
OFFENCES P/U/S 79, 80 OF KARNATAKA POLICE ACT.
THIS CRIMINAL PETITION COMING ON FOR
ADMISSION THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
Learned HCGP takes notice for the respondent. These petitioners are charge sheeted in respect of the offence under Sections 79 and 80 of the Karnataka Police Act.
2. By virtue of Part II of Schedule I of the Code of Criminal Procedure, these offences since punishable with two years' imprisonment with fine or with both, fall under the category of non-cognizable offence. The procedure to register a non-cognizable offence is regulated by Section 155(1) of Cr.P.C. and the -4- investigation as per Section 155(2) of Cr.P.C., which read thus:
"155. Information as to non-cognizable cases and investigation of such cases.- (1) When information is given to an officer in charge of a police station of the commission within the limits of such station of a non- cognizable offence, he shall enter or cause to be entered the substance of the information in a book to be kept by such officer in such form as the State Government may prescribe in this behalf, and refer the informant to the Magistrate.
(2) No police officer shall investigate a non-
cognizable case without the order of a Magistrate having power to try such case or commit the case for trial."
3. From the material on record, it is evident that the Investigating Officer on receipt of the credible information has gone to the spot with panchas and his staff, conducted raid, seized incriminating material, arrested the accused persons, produced them before the S.H.O. of the Police Station and submitted his suo moto report, on the basis of which, case was registered. -5- Subsequently, the Investigating Officer has conducted investigation and filed charge sheet.
4. It is needless to say that the registration and investigation both are in violation of the mandatory procedure contemplated by the above provision. This Court has been consistently holding that, procedural irregularity in registering and investigating non- cognizable offence vitiates the entire investigation, which is not curable.
In that view of the matter, the entire criminal proceedings is an abuse of process of law and liable to be quashed.
The petition is allowed. The FIR registered by the respondent/Police in their Crime No.275/2014 and the criminal proceedings in C.C.No.1265/2015 pending on the file of J.M.F.C.-I Court, Davangere, are qushed. -6-
In view of the disposal of the main petition, I.A.No.1/2015 does not survive for consideration and same stands disposed of.
Sd/-
JUDGE KNM/-