Dr Preethan Nagappa vs State Of Karnataka on 20 August, 2019

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Karnataka High Court

Dr Preethan Nagappa vs State Of Karnataka on 20 August, 2019

Bench: P.S. Dinesh Kumar

                                         CRL.P. No.2084/2019

                                 1



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

    DATED THIS THE 20TH DAY OF AUGUST, 2019

                          BEFORE

  THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR

        CRIMINAL PETITION No.2084 OF 2019

BETWEEN :
DR. PREETHAN NAGAPPA
S/O SRI. H. NAGAPPA
AGED ABOUT 47 YEARS
R/O. KAMGERE VILLAGE
KAMGERE POST
KOLLEGAL TALUK
CHAMARAJANAGAR-571 443                       ... PETITIONER

(BY SHRI. M.V. HIREMATH, ADVOCATE)

AND :

STATE OF KARNATAKA
REP. BY RAMAPURA POLICE STATION
CHAMARAJANAGAR TALUK
CHAMARAJANAGAR

REPRESENTED BY PROSECUTOR
HIGH COURT BUILDING
HIGH COURT OF KARNATAKA
BENGALURU-560 001                             ... RESPONDENT

(BY SHRI. K.P. YASHODHA, HCGP)
                            ....
       THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
CR.P.C PRAYING TO (a) QUASH THE CHARGED SHEET DATED
12.06.2018 FILED BY THE RESPONDENT POLICE ON THE FILE A C J M
(Jr.Dn.) AND JMFC AT KOLLEGAL, CHAMARAJANAGAR DISTRICT NOW
AT PRINCIPAL CIVIL JUDGE AND JMFC AT KOLLEGAL IN
C.C.NO.578/2018 IN SO AS IT RELATES TO THE PETITIONER
(ACCUSED NO.2). (b) QUASH THE ENTIRE PROCEEDINGS AS AGAINST
                                            CRL.P. No.2084/2019

                               2



THE PETITIONER PENDING ADJUDICATION OF THE C.C.NO.578/2018
ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, KOLLEGAL,
CHAMARAJANAGAR DISTRICT.

     THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE
COURT MADE THE FOLLOWING:-

                         ORDER

Heard Shri.M.V.Hiremath, learned Advocate for petitioners and Smt.K.P.Yashodha, learned HCGP for respondent-State.

2. Petitioner has challenged proceedings initiated against him in Crime No.0156/2018 dated 09.05.2018 for the offences punishable under Sections 171E and 511 read with Section 34 of IPC.

3. Shri.M.V.Hiremath, submits that the said offences are non-cognizable and the learned Magistrate has granted permission without applying his mind.

4. Criminal proceedings are initiated for the offences committed under Sections 171E and 511 of IPC. Punishment for the offence under Section 171E of IPC is imprisonment for 1 year or fine or both, and it is a non- CRL.P. No.2084/2019 3 cognizable offence. Hence, Section 511 of IPC shall be treated as non-cognizable offence as provided in classification of offences in First Schedule to the Code of Criminal Procedure.

5. Perusal of requisition submitted by the Police Inspector of Ramapura Police Station, Kollegal Taluk, C.H.Nagar District on 09.05.2018 annexed to the petition shows that the learned Magistrate has endorsed as 'permitted'. No reasons are recorded for granting permission.

6. This Court has taken a consistent view that a mere endorsement made by the learned Magistrate as 'permitted' without recording reasons is not a speaking order. [See- The Padubidri Members Lounge and others Vs. Director General and Inspector General of Police and others (W.Ps.No.42073-42075/2018 D.D. 3.10.2018)].

CRL.P. No.2084/2019

7. In the circumstances, this petition merits consideration and it is accordingly allowed. All proceedings in C.C. No.578/2018 arising out of Crime No.0156/2018 dated 09.05.2018 pending on the file of Principal Civil Judge and JMFC Court, Kollegal, Chamarajanagar District, are quashed so far as petitioner is concerned.

No costs.

Sd/-

JUDGE SPS

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