Karnataka High Court
Prashantha vs State Of Karnataka on 20 February, 2020
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF FEBRUARY, 2020
BEFORE
THE HON'BLE MR.JUSTICE B.A.PATIL
CRIMINAL PETITION NO.2811/2019
BETWEEN :
1. Prashantha
S/o Nagaraja
Aged about 38 years
Residing at "Shiva Nilaya"
Near Kariyana Building, Kalalli,
Shivamogga-577 201.
2. Mohammed Yusuf
S/o Mohammed Akram
Aged about 38 years
Residing at 13th Cross
RML Nagara, Opp. Mohamud School
Shivamogga-577 201.
3. Sibgathulla
S/o Basha Sab
Aged about 43 years
Residing at 2nd Cross,
Tank Mohalla,
Shivamogga-577 201.
4. Venkatesha
S/o Suresha
Aged about 42 years
Residing at 2nd Cross, Durgigudi,
Near Shanidevara Temple
Shivamogga-577 201.
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5. Abdul Khadar
S/o Husen Sab
Aged about 51 years
Residing at Meharu Nagara
Beluru, Now at Sakare Bailu
Shivamogga-577 201.
6. Suresha
S/o Neelappa
Aged about 48 years
Residing at Maarikoppa Village
Honnali Taluk, Davanagere.
7. S.R.Shridhara
S/o Ramanna K
Aged about 43 years
Residing at Hosamane
Residing at Hosamane 1st Cross,
Shivamogga-577 201.
... Petitioners
(By Sri Mayanna B.L., Advocate for
Sri K.R.Krishnamurthy, Advocate)
AND :
1. State of Karnataka
The Station House Officer
by Jayanagara Police Station
Shivamogga-577 201
Represented by State Public Prosecutor
High Court Building
Bengaluru-560 001.
2. The Deputy Superintendent of Police
Shivamogga City,
Shivamogga-577 201.
... Respondents
(By Sri H.R.Showri, HCGP)
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This Criminal Petition is filed under Section 482 of
Cr.P.C praying to quash the entire proceedings initiated
against the petitioners herein in C.C.No.3461/2013 on
the file of the III Additional Junior Civil Judge and JMFC,
Shivamogga.
This Criminal Petition coming on for Admission this
day, the Court made the following:-
ORDER
The present petition is filed by accused Nos.1, 2 and 4 to 8 under Section 482 Cr.P.C. praying to quash the proceedings in CC.No.3461/2013, pending on the file III Additional Junior Civil Judge and JMFC., Shivamogga for the offences punishable under Sections 79B and 80 of the Karnataka Police Act ('Act' for short).
2. I have heard the learned counsel for the petitioners and the learned HCGP for the respondents.
3. It is the submission of the learned counsel for the petitioners that the offences punishable under Sections 79B and 80 of the Act are non-cognizable. The Investigating Officer without obtaining prior permission from the jurisdictional Magistrate as contemplated under Section 155(2) of Cr.P.C. has registered, investigated the -4- case and filed the charge sheet. It is his further submission that already accused No.9 approached this Court in Criminal No.7752/2014. This Court by the order dated 18.12.2018 has allowed the said petition and quashed the proceedings as against accused No.9. Hence, he submits that this petition is also covered by the said decision. On these grounds, he prayed to allow the petition and to quash the proceedings.
4. Learned HCGP fairly conceded and admitted that before registration of the case the Investigating Officer has not obtained any prior permission under Section 155(2) of Cr.P.C. from the jurisdictional Magistrate.
5. On perusal of the records, it would indicate that a case has been registered against the petitioners under Sections 79B and 80 of Karnataka Police Act, 1963 and after investigation, the charge sheet has been filed without prior sanction or permission from the jurisdictional Magistrate as contemplated under Section 155(2) of Cr.P.C. If the said mandate is not followed, then under such circumstances, it is nothing but violation -5- of law and it is going to vitiate the entire proceedings. Since this Court under similar facts and circumstances of the case, by the order dated 18.12.2018 in Criminal Petition No.7752/2014 has already quashed the proceedings in CC.No.3461/2013.
Under the said facts and circumstances, this petition is allowed. The proceedings initiated as against the petitioners-accused Nos.1, 2 4 to 8 in CC.No.3461/2016, pending on the file of the III Additional Civil Judge and JMFC., Shivamogga, for the offences punishable under Sections 79B and 80 of the Karnataka Police Act, are hereby quashed.
Consequently, I.A.No.1/2019 is disposed of as it does not survive for consideration.
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JUDGE *ck/-