Sri Prabhakar Bhat Kaladka vs The State Of Karnataka on 19 June, 2019

[Cites 4, Cited by 1]

Karnataka High Court

Sri Prabhakar Bhat Kaladka vs The State Of Karnataka on 19 June, 2019

Bench: P.S. Dinesh Kumar

                              1

                                        WP No.24404/2019

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 19TH DAY OF JUNE, 2019

                          BEFORE

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

     WRIT PETITION No.24404 OF 2019 (GM-RES)

BETWEEN :

SRI. PRABHAKAR BHAT KALADKA
S/O SRI. YEBURAKAL RAMAKRISHNA BHAT
AGED ABOUT 71 YEARS
R/AT KAMALA NIVASA, KELAGINA PETE
KALADKA, GOLTHU MAJALU GRAMA
BANTWALA TALUK-574 222                      ...PETITIONER

(BY SHRI. M. ARUNA SHYAM, ADVOCATE)

AND :

1.   THE STATE OF KARNATAKA
     THROUGH BAJPE POLICE STATION
     REP. BY STATE PUBLIC PROSECUTOR
     HIGH COURT OF KARNATAKA BUILDING
     BENGLAURU-560 001

2.   SRI. GIRISH SHETTIGAR
     AGED ABOUT 59 YEARS
     PLAYING SQUAD, 202
     MANGALURU NORTH,
     MANGALURU CITY-575 001              ... RESPONDENTS

(BY SMT. K.P. YASHODHA, HCGP FOR R-1)
                           ....
                                   2

                                               WP No.24404/2019



      THIS WRIT 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 ENTIRE PROCEEDINGS IN C.C.NO.3576/2018
ON THE FILE OF LEARNED JMFC-II COURT MANGALORE INCLUDING
FIR, COMPLAINT AND CHARGE-SHEET IN CRIME NO.157/2018 FOR
THE ALLEGED OFFENCE PUNISHABLE U/S 125 OF REPRESENTATION
OF PEOPLES ACT ON THE FILE OF BAJPE POLICE STATION, PRODUCED
AT ANNX-A, C, B AND D RESPECTIVELY.

     THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:


                                ORDER

Heard Shri. Aruna Shyam M., learned advocate for petitioner and Smt.K.P.Yashodha, learned HCGP for respondent No.1 - State.

2. Petitioner has challenged proceedings initiated against him in Crime No.157/2018 for the offences punishable under Section 125 of the Representation of Peoples Act, 1950.

3. Shri.Aruna Shyam M., submits that the said offence is non-cognizable and the learned Magistrate has granted permission without applying his mind. 3 WP No.24404/2019

4. Perusal of requisition submitted by the Station House Officer of Bajpe Police Station, Bajpe on 16.04.2018 annexed to the petition shows that the learned Magistrate has accorded permission to the Police authorities to register the complaint and investigate into the same. No reasons are recorded for granting permission.

5. This Court has taken a consistent view that a mere endorsement made by the learned Magistrate granting permission 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)].

6. In the circumstances, this petition merits consideration and is accordingly allowed. All proceedings in Crime No.157/2018 pending on the file of learned 4 WP No.24404/2019 JMFC-II Court, Mangalore, are quashed so far as petitioner is concerned.

No costs.

Sd/-

JUDGE SPS

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