Prem Kumar vs The State Of Karnataka on 25 October, 2018

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Karnataka High Court

Prem Kumar vs The State Of Karnataka on 25 October, 2018

Bench: P.S. Dinesh Kumar

                              1




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 25TH DAY OF OCTOBER 2018

                         BEFORE

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

           CRIMINAL PETITION NO.7242 OF 2018

BETWEEN:

1.     PREM KUMAR
       S/O MAHESHWARAPPA,
       AGED ABOUT 39 YEARS
       OCC:ARECA NUT BUSINESS,
       UNNASCUT BETTERNET CO.
       R/O 7TH CROSS, 2ND STAGE,
       KRUSHI NAGARA,
       SHIVAMOGGA-577 201.

2.     BHASKAR
       S/O T.RANGASWAMY CHETTIYAR,
       AGED ABOUT 54 YEARS,
       OCC:ARECA NUT BUSINESS,
       SREE VIJAYA TRADERS,
       R/O 13TH CROSS, 60 FEET ROAD,
       VINOB NAGAR,
       SHIVAMOGGA-577 201.

3.     SHASHIKIRAN
       S/O SHANTHAVEERAPPA,
       AGED ABOUT 48 YEARS
       OCC:ARECA NUT BUSINESS,
       SHANTHAVEERANNA AND SONS,
       R/O 13TH CROSS, 60 FEET ROAD,
       VINOB NAGAR,
       SHIVAMOGGA-577 201.

4.     UMESH
       S/O VISHWANATH,
       AGED ABOUT 51 YEARS,
                             2




     OCC:ARECA NUT BUSINESS,
     SREE AMRUTH TRADERS,
     R/O 2ND CROSS, KANAKA NAGAR,
     SHIVAMOGGA-577 201

5.   MANJUNATHA
     S/O BASAPPA,
     AGED ABOUT 47 YEARS
     OCC:CIVIL CONTRACTOR,
     R/O 2ND CROSS, NANJAPPA LAYOUT,
     SHIVAMOGGA - 577 201.

6.   MOHAN REDDY
     S/O DONNAPPA REDDY,
     AGED ABOUT 47 YEARS
     OCC:CONTRACTOR,
     R/O GURUPURA MAIN ROAD,
     SHIVAMOGGA-577 201.

7.   YOGESH M H
     S/O. M.M.HALAPPA,
     AGED ABOUT 47 YEARS
     OCC:BUSINESS,
     MUNDRE NINGAPPA AND CO.
     R/O 2ND MAIN ROAD,
     PRIYADARSHINI LAYOUT,
     SHIVAMOGGA-577 201.

8.   PRATEEK
     S/O RAMAMURTHY,
     AGED ABOUT 29 YEARS
     OCC:ARECA NUT BUSINESS,
     R/O ADARSHA COLONY,
     VINOB NAGAR,
     SHIVAMOGGA 577 201.

9.   KAMESHA K L
     S/O LAKSHMANAPPA,
     AGED ABOUT 50 YEARS,
     OCC: AGRICULTURIST,
     HARIGE 1ST CROSS,
     VIDYANAGAR POST,
     SHIVAMOGGA-577 201.
                           3




10.   MADHU M
      S/O H.R.MALLIKARJUNA,
      AGED ABOUT 40 YEARS
      OCC:ARECA NUT BUSINESS,
      RANGANATHA BADAVANE,
      GOPALA, SHIVAMOGGA-577 201.

11.   ARUN BABU
      S/O HALAPPA,
      AGED ABOUT 49 YEARS
      OCC:ARECA NUT BUSINESS,
      R/O 100 FEET ROAD,
      RAJENDRA NAGAR,
      SHIVAMOGGA-577 201.

12.   LAKSHMIKANTHA SHETTY
      S/O CHANDRASHEKARA SHETTY,
      AGED ABOUT 49 YEARS
      OCC:CIVIL CONTRACTOR,
      R/O VINOB NAGAR,
      KENCHAPPA LAYOUT,
      SHIVAMOGGA 577 201.

13.   PRADEEP
      S/O PARAMESHWARAPPA,
      AGED ABOUT 46 YEARS
      OCC:AGRICULTURIST,
      R/O VIVEKANANDA EXTENSION,
      2ND CROSS, SHIVAMOGGA-577 201.

14.   PRASHANTH
      S/O RUDRAPPA,
      AGED ABOUT 26 YEARS
      OCC:ARECA NUT BUSINESS,
      R/O OPPOSITE TO RAMAKRISHNA SCHOOL,
      SWAMY VIVEKANANDA EXTENSION,
      GOPALA, SHIVAMOGGA-577 201.

15.   N G MALLIKARJUNA
      S/O SHANTHAVEERAPPA,
      AGED ABOUT 50 YEARS
      OCC:PRESIDENT ARECA NUT
      BUSINESSMEN SPORTS CLUB,
                             4




       SAGAR ROAD, SHIVAMOGGA.
       R/O SOMINAKOPPA,
       SHIVAMOGGA-577 201.             ... PETITIONERS

(By Sri. R.B. DESHPANDE., ADVOCATE)

AND:

THE STATE OF KARNATAKA
BY CEN CRIME POLICE STATION,
SHIVAMOGGA-577 201.
(REPRESENTED BY STATE
PUBLIC PROSECUTOR,
HIGH COURT BUILDINGS,
BENGALURU-560003)                      ... RESPONDENT

(By Sri. CHETHAN DESAI, HCGP)

     THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH
THE CRIMINAL PROCEEDINGS IN C.C.NO.129/2018 PENDING
ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND C.J.M.,
SHIVAMOGGA (CHARGE SHEETED FOR THE OFFENCE P/U/S 79
AND 80 OF KARNATAKA POLICE ACT).

      THIS CRIMINAL PETITION COMING ON FOR ADMISSION
THIS DAY, THE COURT MADE THE FOLLOWING:-

                        ORDER

Heard the learned advocate appearing for the petitioners/accused and also the learned High Court Government Pleader appearing for the respondent- State.

2. The contention of the petitioners herein is that the alleged offence under Section 80 of Karnataka Police Act is a non-cognizable offence and the mandatory requirements of Section 155(2) of Cr.P.C. are not complied with, as the prior permission of the concerned Magistrate is not obtained to proceed with the matter.

3. Learned High Court Government Pleader opposes the petition contending that in this case prior permission is obtained. He submits that the learned Magistrate has endorsed as 'permitted'. Hence, the proceedings are not liable for quashing.

4. I have perused the grounds urged in the petition and other materials placed on record.

5. Admittedly, the alleged offence is a non- cognizable offence. Therefore, the relevant provision 6 applicable is Section 155(2) of Cr.P.C., and the prior permission of the concerned Magistrate is necessary. This Court has consistently held that an endorsement stating 'permitted' is a non speaking order. Hence the proceedings in the Court below are liable to be quashed.

6. Accordingly, this petition is allowed and the proceedings in C.C.No.129/2018 on the file of Principal Senior Civil Judge and CJM, Shivamogga, in relation to the offence under Section 80 of Karnataka Police Act pursuant to Crime No.119/2017 are hereby quashed.

No costs.

Sd/-

JUDGE AN/-

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