Karnataka High Court
Harathalu Halappa vs State Of Karnataka on 23 January, 2018
Author: K.N.Phaneendra
Bench: K.N.Phaneendra
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF JANUARY, 2018
BEFORE:
THE HON'BLE MR. JUSTICE K.N.PHANEENDRA
CRIMINAL PETITION NO.8243/2015
BETWEEN:
1.HARATHALU HALAPPA
S/O HIRIYA NAIK
AGED ABOUT 55 YEARS,
HOLEKOPPA VILLAGE, SORABA TALUK
SHIVAMOGGA- 577401
2.PANDURANGA H K
S/O KESHAVA BEERAPPA
AGED ABOUT 22 YEARS,
R/AT KANASE ,
SAGARA TALUK
SHIVAMOGGA- 577401
3.ANNAPPA
S/O KANNAPPA
AGED ABOUT 30 YEARS,
R/AT LANDIGERE VILLAGE,
SIRUVANTHE ,
SAGARA TALUK
2
SHIVAMOGGA-577401 ..PETITIONERS
(BY SRI ABHISHEK K., ADVOCATE FOR SRI DIWAKARA K.,
ADVOCATE)
AND:
1.STATE OF KARNATAKA
SAGAR TOWN POLICE STATION,
REP. BY STATE PUBLIC PROSECUTOR,
KARNATAKA HIGH COURT BUILDING,
BENGALURU-560001
2.N D VENKATAGIRI
MODEL CODE OF CONDUCT TEAM
116, SORABA VIDHANA SABHA,
SAGAR TALUK OFFICE,
SHIVAMOGGA-577401 ..RESPONDENTS
(BY SRI S. RACHAIAH, HCGP FOR R-1, R-2 SERVED)
THIS CRIMINAL PETITION IS FILED U/S.482 OF
CR.P.C BY THE ADVOCATE FOR THE PETITIONERS PRAYING
THAT THIS HON'BLE COURT MAY BE PLEASED TO QUASH
THE CHARGE SHEET AND F.I.R. IN C.C.No.572/2013
FOUND AT ANNEXURE-'B' AND 'C' REGISTERED BY THE
RESPONDENT No.1 SAGARA RURAL POLICE, PENDING ON
THE FILE OF ADDL.CIVIL JUDGE AND J.M.F.C, SAGAR,
AGAINST THE PETITIONERS HEREIN ACCUSED OF OFFENCE
P/U/S.171(I) OF IPC AND SECTION 177 OF THE INDIAN
MOTOR VEHICLES ACT AND ALLOW THE PETITION.
3
THIS CRIMINAL PETITION COMING ON FOR
ADMISSION THIS DAY THE COURT MADE THE FOLLOWING:
ORDER
Heard learned counsel for the petitioners and learned HCGP for State. Respondent No.2 is served with the notice issued by this Court and remained unrepresented. Perused the records.
2. This petition is filed seeking quashing of C.C.No.572/2013 on the file of the Additional Civil Judge and JMFC, Sagara in taking cognizance and proceeding with the accused for the offence punishable under Section 171(I) of IPC and Section 177 of Indian Motor Vehicles Act, 1988. The Magistrate has taken cognizance for the above said offences. No where it is mentioned in the order or in the charge sheet papers or in the FIR that permission was 4 taken by the jurisdictional police from the jurisdictional Magistrate to investigate the offence punishable under Section 171(I) of IPC. It is a non-cognizable offence as per Schedule 1 appended to Criminal Procedure Code. The second provision invoked under Section 177 of Indian Motor Vehicles Act, 1988 is also not attracted for the simple reason said provision is general provision for punishment of offences, whenever any person contravenes any provision of the Act or rules or notification issued by the Government and no punishment is specifically prescribed. Except invoking provision under Section 177 no where it is stated which is the provision under Indian Motor Vehicles Act or any rules, notification that has been violated by the petitioners.
3. In the above said circumstances, Section 177 of Indian Motor Vehicles Act itself is not attracted and Section 5 171(I) of IPC is non cognizable offence, without taking permission from the Magistrate as contemplated under Section 155(2) of Cr.P.C, the police have no power to investigate and continue further proceedings. If it is allowed to be continued, it amounts to abuse of process of law. Hence, entire proceedings is liable to be quashed.
Hence, the following:
ORDER
1. Petition is allowed.
2. Entire proceedings in C.C.No.572/2013 and further proceedings on the file of Additional Civil Judge and JMFC, Sagara is hereby quashed.
Sd/-
JUDGE SBN