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1 - 6 of 6 (0.24 seconds)Moin Basha Kurnooli vs The State Of Karnataka on 25 July, 2014
10. The learned HCGP appearing for the State,
however, has tried to take shelter under the endorsement
obtained by the respondents - Police on the applications
: 35 :
wherein, the learned Magistrate is seen to have made an
endorsement as "permitted". It is argued that this is
substantial compliance of the requirements laid down under
section 155 of Cr.P.C. It is the submission of the learned
HCGP that, in the decision referred to by the learned counsel
for the petitioner, in Moin Basha Karnooli Vs. State of
Karnataka (2014 (4) KCCR 3355, as well as in Sharath @
Salim Vs. The State of Karnataka (Crl.P.No.101833/2015 &
connected matters), the Investigating Officer failed to submit
the necessary application and did not obtain any order from
the concerned Magistrate and in that circumstance, this
Court found it appropriate to quash the proceedings on the
ground that the Police failed to comply with the mandatory
requirements prescribed under Section 155(2) of Cr.P.C. In
other words, the submission of the learned HCGP is that, in
the instant case, by making necessary application to the
concerned Magistrate, the respondents have substantially
complied with the requirements of Section 155 of Cr.P.C. and
therefore, there is no irregularity much less any illegality
whatsoever in the action initiated by the respondents against
the petitioners.
Section 155 in Karnataka Police Act, 1963 [Entire Act]
Karnataka Police Act, 1963
The Indian Penal Code, 1860
Section 154 in The Code of Criminal Procedure, 1973 [Entire Act]
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