Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6904 OF 2025 BETWEEN: PAVAN S/O MURTHY AGED ABOUT 29 YEARS R/AT DODDARAYAPETE VILLAGE CHAMARAJANAGAR TQ. AND DIST.571 313. …PETITIONER (BY SRI PRITHVI RAJ B.N, ADV.) AND: STATE BY CHAMARAJANAGAR TOWN POLICE, CHAMARAJANAGAR - 571 313 REP. BY SPP, HIGH COURT OF KARNATAKA AMBEDKAR VEEDHI, B'LURU - 01. …RESPONDENT (BY SRI CHANNAPPA ERAPPA, HCGP)
Digitally signed THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) by NANDINI M S PRAYING TO QUASH THE ENTIRE FURTHER PROCEEDINGS IN CC Location: HIGH COURT OF NO.17/2024 PENDING BEFORE THE ADDL.SENIOR CIVIL JUDGE AND KARNATAKA JMFC, CHAMARAJANAGAR AS AGAINST THE PETITIONER HEREIN / ACCUSED NO.24. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY -2-
ORAL ORDER
1. Accused no.24 is before this Court in this petition
filed under Section 528 of BNSS 2023 R/w Section 482 of Cr.P.C, with a prayer to quash the entire proceedings in C.C.No.17/2024, pending on the file of Additional Senior Civil Judge and JMFC, Chamrajanagar, registered for the offences punishable under Sections 79 and 80 of the Karnataka Police Act, 1963.
2. Heard the learned counsel for the petitioner and learned HCGP for respondent-State.
3. Learned counsel for the petitioner submits that impugned proceedings has been already quashed as against accused no.43 for the reason that the prosecution has not complied Section 155(2) of Cr.P.C,.
4. The said submission is not seriously disputed by learned HCGP.
5. Perusal of the material on the record would go to
show that accused no.43 in the present proceedings had approached this Court in Criminal Petition No.1924 of 2024 and -3- the said petition was allowed on 24.04.2024. In paragraph no.4 of the said order, it is observed as follows.
4. The ordersheet maintained by the trial Court
in C.C. No.17/2024 is produced along with the petition. A perusal of the ordersheet maintained by the trial Court would reflect that it does not contain any order passed under Section 155(2) of Cr.P.C. by the jurisdictional Magistrate granting permission to the Police to register the FIR and investigate the case. This Court in the case of VAGGEPPA GURULINGA JANGALIGI (JANGALIGI) Vs. THE STATE OF KARNATAKA1 has held that any permission granted by the jurisdictional Magistrate under Section 155(2) of Cr.P.C. is required to form part of ordersheet, in which the proceedings are continued by the jurisdictional Magistrate. Since there is no compliance of requirement of Section 155(2) of Cr.P.C. in the present case, the impugned proceedings cannot be continued against the petitioner.
6. The reasoning assigned by this Court in the said
petition is squarely applicable to the case on hand and therefore I am of the opinion that prayer made in this petition by accused no.24 also needs to be granted.
7. Accordingly, the following:- ILR 2020 KAR 630 -4-
ORDER
Criminal petition is allowed. The entire proceedings in C.C.No.17/2024, pending on the file of Additional Senior Civil Judge and JMFC, Chamrajanagar, registered for the offences punishable under Sections 79 and 80 of the Karnataka Police Act, 1963 is quashed as against the petitioner is concerned. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 21