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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 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 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.