Karnataka High Court
Mr. Devendrappa Y S/O Gangamma vs State Of Karnataka on 25 March, 2022
Author: S. Sunil Dutt Yadav
Bench: S. Sunil Dutt Yadav
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF MARCH 2022
BEFORE
THE HON'BLE MR. JUSTICE S. SUNIL DUTT YADAV
CRIMINAL PETITION NO.8975/2021
BETWEEN
Mr. Devendrappa Y
S/o. Gangamma
Age 45 years
Occ: Agri. Politician
R/o. Door No.74, I Ward,
Arashikeri, Harapanahalli Taluk,
Ballari District 583 125.
...PETITIONER
(By Sri. Neelendra D. Gunde, Adv.)
AND
1. State of Karnataka
Ballari Gandhi Nagar Police Station,
Represented by the State Public Prosecutor,
High Court Building,
Dharward 580 001.
2. B.C.Shiva Murthy
Deputy Environment Officer
Karnataka State Pollution Control Board
Kolar 563 101.
...RESPONDENTS
(By Sri. R. D. Renukaradhya, HCGP)
This Criminal petition is filed under Section 482 of Cr.P.C.
seeking to quash the order dated 23.10.2020 passed by the
Principal Civil Judge and JMFC, Ballari, in C.C.No.1334/2020
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thereby taking cognizance for the offence punishable under
Section 127-A of the Representation of People Act insofar as
petitioner is concerned.
This petition coming on for orders this day, the court made
the following:
ORDER
Learned HCGP accepts notice for respondent No.2.
2. Petitioner who is accused no.1 in proceedings pending before the trial Court in C.C.No.1337/2020 has sought to challenge the order of 23.10.2020 taking cognizance for the offence punishable under Section 127-A of the Representation of People Act, 1951 (for short 'the R.P.Act").
3. It is made out from the records that information regarding commission of offence has been made out to the Station House Officer by the Officer of the Flying Squad who is the authority under the supervision of the Election Commission. Pursuant to such information, FIR came to be registered as regards the offence under Section 127-A of the R.P.Act.
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4. It is the contention of the petitioner that the proceedings are liable to be quashed on the ground that there is violation of Section 155(2) of Cr.P.C. insofar as for the purpose of investigating the non-cognizable offence, the order of the Magistrate will have to be taken which is absent in the present case and that the permission must be sought for by reference of the informant to the Magistrate in terms of Section 155(1) of Cr.P.C. and in the present case, permission is sought for by the Station House Officer, on which the learned Magistrate has endorsed "Permitted" which is illegal.
5. It is further submitted that it is the settled legal position that there has to be application of mind by the Magistrate by passing a separate order and mere endorsement of the word "permitted" is not in accordance with law.
6. The admitted facts are that the offence under Section 127-A of the R.P.Act is Non-cognizable in terms of Part-II of the Schedule to Cr.P.C. Insofar as the -4- requirement of Section 155(1) of Cr.P.C. where the matter relates to non-cognizable offence, the informant is to be referred to the Magistrate. In the present case, permission has been sought for by the Station House Officer and such permission sought for is not in accordance with Section 155(1) of Cr.P.C. and the same has to be set aside. The endorsement of the word "permitted" by the learned Magistrate granting permission to investigate is also not a speaking order and granting of permission to investigate must be by a reasoned order in terms of the direction of this Hon'ble Court in Crl.P.101997/2019 disposed off on 10.12.2019.
7. In fact the said judgment referred to above encapsulates principles which otherwise are settled principles and merely reiterates the correct procedure to be followed. It is noticed that pursuant to the cryptic permission granted, further investigation has been concluded.
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8. In light of the deficiency as noticed above, the proceedings are quashed reserving liberty to the authority to initiate action if permissible under law insofar as the offence which is the subject matter of the information furnished to the police on 05.04.2019.
9. Accordingly, petition is disposed off.
Sd/-
JUDGE VP