IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.4727 OF 2019 BETWEEN:
AMEER AHMED K S/O LATE ABDUL SAB AGED ABOUT 58 YEARS R/AT 188 /730, VINAYAKANAGAR KUNDHVADA ROAD DAVANGERE-577 002 … PETITIONER (BY SHRI. VIVEK REDDY, SENIOR ADVOCATE FOR SHRI. M. SHARASS CHANDRA, ADVOCATE) AND:
STATE OF KARNATAKA BY MAHALAKSHMI LAYOUT POLICE BANGALORE-560 086 REP. BY SPP HIGH COURT OF KARNATAKA BANGALORE-560 001 ... RESPONDENT (BY SHRI. NASRULLA KHAN, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE FIR IN CR.NO.50/2019 (CIS NO.218/2019) OF RESPONDENT MAHALAKSHMI LAYOUT POLICE AT BENGALURU REGISTERED FOR THE OFFENCE P/U/S 3 OF KARNATAKA CONTROL OF ORGANIZED CRIME ACT, 2000, AGAINST THE PETITIONER (ACCUSED NO.3) WHICH IS PENDING ON THE FILE OF THE HON'BLE PRL.CITY CIVIL AND SESSIONS JUDGE, CCH-1 AT BENGALURU.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner has taken exception to registration of FIR No.50/2019 in Mahalakshmipuram police station, Bengaluru, on 01.03.2019 for offence punishable under Section 3 of Karnataka Control of Organized Crime Act, 2000 (“KCOC Act” for short).
2. Shri Vivek Reddy, learned Senior Advocate appearing for the petitioner, assailing the FIR, contended that by Order No.139/Crime(2)/COP/2018-19 on 01.03.2019, Additional Commissioner of Police, Bengaluru, accorded sanction to invoke the provisions of KCOC Act against petitioner and others in Crime No.4343/2018 registered in Cyber Crime Police Station for offences punishable under Sections 120B, 114, 379 & 420 read with Section 149 of IPC.
3. It is not disputed by the State that sanction was accorded in Crime No.4343/2018 registered in Cyber Crime Police Station.
4. He argued that the provisions of KCOC Act cannot be invoked without express sanction under Section 24(1)(a) of KCOC Act. Accordingly, he prayed for allowing this petition.
5. Shri Nasrulla Khan, learned HCGP, in his usual fairness, did not dispute the facts stated by the learned Senior Advocate.
6. I have carefully considered rival submissions and perused the records.
7. Admittedly, sanction has been accorded to invoke the provisions of KCOC Act in respect of Crime No.4343/2018 registered in Cyber Crime Police Station. Petitioner is aggrieved by registration of FIR No.50/2019 in Mahalakshmipuram Police Station. Admittedly, permission by appropriate authority is not accorded to register the instant FIR and the same is not disputed by learned HCGP. In the circumstances, this petition merits consideration and hence, the following;
ORDER (i) Petition is allowed; and (ii) FIR No.50/2019 (CIS Crime No.218/2019) registered in Mahalakshmipuram Police Station, Bengaluru, pending on the file of Principal City Civil & Sessions Judge, Bengaluru, is quashed so far as the petitioner is concerned.
No costs.
Sd/- JUDGE AV