Usha W/O Kumar vs S Sudha on 11 October, 2018

[Cites 2, Cited by 3]

Karnataka High Court

Usha W/O Kumar vs S Sudha on 11 October, 2018

Bench: P.S. Dinesh Kumar

                                1



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 11TH DAY OF OCTOBER 2018

                          BEFORE

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

            CRIMINAL PETITION NO.7217 OF 2018

BETWEEN:

1.     Usha W/o Kumar
       Aged about 22 years
       R/o No.80, 11th Cross
       Meenakshi Nagar
       Kamakshipalya
       Bengaluru City
       Bengaluru - 560079.

2.     Hanumantharayappa
       S/o Hanumaiah
       Aged about 39 years
       R/o. No.17, 6th Cross
       Saraswathipuram
       Nandhini Layout
       Bengaluru City
       Bengaluru - 560096.
                                         ... PETITIONERS
(By Sri. Girish B. Baladare, Advocate)


AND:

1.    S. Sudha
      Major, Advocate
      R/o No.41, 2nd 'A' Main
      TG Layout, Ittamdau
                              2


     BSK 3rd Stage
     Bengaluru City - 560085.

2.   The State of Karnataka
     The Sub Inspector
     Channammanakere
     Achu Kattu Police Station
     Bengaluru City.

     Represented by Public Prosecutor
     High Court Building
     Bangalore - 560001.
                                          ... RESPONDENTS

(By Sri. S.Rachaiah, HCGP for R-2;
 Notice to R1 dispensed with vide order dated 11.10.18)

       This Criminal Petition is filed under Section 482 of
Cr.P.C. praying to quash the charge sheet filed against
petitioners in crime No.284/2017 for the offence
punishable under sections 504, 506, 507, 509 r/w section
34 of IPC, same is pending on the file of II Additional Chief
Metropolitan      Magistrate,        at    Bengaluru       in
C.C.No.3954/2018.

       This Criminal Petition coming on for Admission, this
day, the Court made the following:-

                          ORDER

Heard Shri Girish B.Baladare., learned advocate for the petitioners and Shri S.Rachaiah, learned High Court Government Pleader for the state.

2. Learned Advocate for the petitioners submits that the respondent No.2-Sub Inspector of Police, Channammanakere, Achukattu, registered an FIR in Crime No.284/2017 on 12.08.2017 against the accused for the offences punishable under Sections 504, 506, 507, 509 read with Section 34 of Indian Penal Code. The offences alleged are non-cognizable in nature and therefore could not have been investigated by the police without express permission by way of a speaking order by the learned Magistrate. It is contended that the learned Magistrate has endorsed on a requisition filed by the police as 'permitted' and therefore, it is a non- speaking order. Based on such permission, police conducted enquiry and filed charge sheet before the II Additional Chief Metropolitan Magistrate, Bengaluru.

3. Learned HCGP, in his usual fairness, does not dispute the consistent view of this Court that a mere endorsement as 'permitted' is a non speaking order. 4

4. This Court after adverting to earlier decisions, has held in Writ Petitions No.42073-42075/2018 decided on 03.10.2018 that the endorsement made by the learned Magistrate stating 'permitted' does not satisfy the requirement of Section 155(2) of Cr.P.C.

5. Applying the ratio of the said decision, this petition is allowed. All proceedings in C.C.No.3954/2018 pending on the file of II Additional Chief Metropolitan Magistrate, Bengaluru, are quashed.

6. In view of disposal of the petition, I.A.No.1/2018 does not survive for consideration and it is disposed of.

No costs.

Sd/-

JUDGE Prs*

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