Karnataka High Court
B. R. Bhaskar Prasad vs State By Sanjayanagar Ps on 11 March, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
-1-
NC: 2024:KHC:9891
WP No. 5289 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR.JUSTICE S VISHWAJITH SHETTY
WRIT PETITION NO.5289 OF 2024 (GM-RES)
BETWEEN:
1. B. R. BHASKAR PRASAD
S/O LATE P. RAMAPRASAD
AGED ABOUT 48 YEARS
R/AT LOHITNAGAR
NELAMANGALA
BANGALORE-562 123.
...PETITIONER
(BY SRI MOHAMMED TAHIR, ADVOCATE)
AND:
1. STATE BY SANJAYANAGAR PS
REP. BY STATE PUBLIC PROSECUTOR
OFFICE AT HIGH COURT COMPLEX
Digitally signed by OPP. TO VIDHANA SOUDHA
V MANJUSHA BAI
BENGALURU-560 001.
Location: High
Court of
Karnataka
2. DR. CHI. NA. RAMU
AGED ABOUT 50 YEARS
R/AT NO. 17/1
14TH MAIN ROAD
MLA LAYOUT, DOLLARS COLONY
RMV 2ND STAGE
SANJAYANAGAR
BANGALORE-560 094.
...RESPONDENTS
(BY SRI B.N.JAGADEESH, ADDL.SPP FOR
SRI R.RANGASWAMY, HCGP FOR R1)
-2-
NC: 2024:KHC:9891
WP No. 5289 of 2024
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA R/W SECTION 482 OF CR.P.C
PRAYING TO QUASH THE COGNIZANCE ORDER 22/07/2019 IN CC
NO.19028/2019 AT ANNEXURE-D ARISING OUT OF CRIME
NO.174/2018 REGISTERED BY THE RESPONDENT POLICE
SANJAYNAGAR PS U/S 504, 507, 34 OF IPC PENDING ON THE FILE
OF HON'BLE 8TH ADDL. CMM COURT, BANGALORE, WHEREIN THE
PETITIONER ARRAYED AS SOLE ACCUSED, IN THE INTEREST OF
JUSTICE AND EQUITY ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. Petitioner is before this Court under Section 482 of Cr.P.C with a prayer to quash the entire proceedings in C.C.No.19028/2019 pending before the Court of the VIII Additional Chief Metropolitan Magistrate, Bengaluru, arising out of Crime No.174/2018 registered by Sanjay Nagar Police Station for the offences punishable under Sections 504, 507 read with 34 of IPC.
2. Heard the learned counsel for the parties.
3. Learned counsel for the petitioner submits that the alleged offences are non-cognizable in nature and FIR has been registered without complying the requirements of -3- NC: 2024:KHC:9891 WP No. 5289 of 2024 Section 155(2) of Cr.P.C. He submits that the learned Magistrate has granted permission to register the FIR and investigate the case on the requisition submitted by the Investigating Officer and the same cannot be considered as compliance of Section 155(2) of Cr.P.C.
4. The learned Additional SPP appearing for respondent No.1 after perusing the material on record does not seriously oppose the prayer made in the petition.
5. Undisputedly, FIR was registered by Sanjay Nagar Police Station, Bengaluru City against the petitioner for the offences punishable under Section 504, 507 and 34 of IPC which are non-cognizable offences. Therefore, compliance of Section 155(2) of Cr.P.C. becomes mandatory. The material on record would go to show that the learned Magistrate has endorsed in the requisition submitted by the Investigating Officer that he is permitted to register the case and investigate. This Court in the case of Vaggeppa Gurulinga Jangaligi v. State of Karnataka in Criminal Petition No.101997/2019 (DD 10.12.2019) has -4- NC: 2024:KHC:9891 WP No. 5289 of 2024 held that such an endorsement will not comply the requirement of Section 155(2) of Cr.P.C. In addition to the same, the order sheet of the trial court would also reflect that permission granted by the learned Magistrate under Section 155(2) of Cr.P.C. does not find place in the ordeer sheet. Therefore, I am of the view that in view of the law laid down by a Co-ordinate Bench of this Court in Vaggeppa Gurulinga Jangaligi v. State of Karnataka in Criminal Petition No.101997/2019 (DD 10.12.2019), the impugned proceedings cannot be sustained.
6. Accordingly, I pass the following:
ORDER
(i) The petition is allowed;
(ii) The entire proceedings in C.C.No.19028/2019 pending before the Court of the VIII Additional Chief Metropolitan Magistrate, Bengaluru, arising out of Crime No.174/2018 registered by Sanjay Nagar Police Station for the -5- NC: 2024:KHC:9891 WP No. 5289 of 2024 offences punishable under Sections 504, 507 read with 34 of IPC is hereby quashed.
Sd/-
JUDGE hkh.