IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22nd DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION NO.385 OF 2019 BETWEEN:
ANITHA SHARMA D/O M.G.M. SHARMA AGED ABOUT 45 YEARS R/AT NO.3030-B, 13TH MAIN, HAL 2ND STAGE, BANGALORE-560 008.
NOW RESIDING AT NO.S-4, GOLDEN ENCLAVE, OLD AIRPORT ROAD, BANGALORE-560 017 (By SHRI SANTOSH.B, ADVOCATE) AND 1. STATE OF KARNATAKA BY JEEVANBHIMA NAGAR POLICE STATION BANGALORE-560 075.
... PETITIONER (REP BY LEARNED STATE PUBLIC PROSECUTOR) HIGH COURT BUILDING, BENGALURU-560 001 2. SRIDHAR ALAMALLI S/O LATE ASHWATHNARAYAN SHETTY, AGED ABOUT 69 YEARS, R/AT NO.3030-B, 13TH MAIN, HAL 2ND STAGE, BANGALORE-560 008.
(BY SMT.K.P.YASHODHA, HCGP) ... RESPONDENTS THIS CRL.PETITION IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.23159/2010 ON THE FILE OF THE HON'BLE X ADDITIONAL CHIEF METROPOLITAN MAGISTRATE (MAYO HALL) AT BANGALORE WHICH IS ARISING OUT OF CRIME NO.346/2010 OF JEEVANAHIMA NAGAR POLICE STATION FOR AN OFFENCE UNDER SECTION 290 AND 506 OF IPC AS AN ABUSE OF PROCESS OF LAW.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard Shri Santosh, learned Advocate for petitioner and Smt.K.P.Yashodha, learned HCGP for the State.
2. Petitioner has challenged proceedings initiated against her for violation of Section 290 of IPC.
3. Learned advocate for the petitioner submits that the said offence is non-cognizable and the learned Magistrate has granted permission without applying his mind.
4. Perusal of the requisition submitted by the Sub-Inspector of Jeevanbhimanagar Police Station on 13.09.2010 annexed to the petition shows that the learned Magistrate has endorsed as ‘permitted’. No reasons are recorded while granting permission.
5. This Court has taken a consistent view that a mere endorsement made by the learned Magistrate as ‘permitted’ without recording reasons is not a speaking order. [See- The Padubidri Members Lounge and others Vs. Director General and Inspector General of Police and others (W.Ps.No.42073-42075/2018 D.D. 3.10.2018)].
6. In the circumstances, this petition merits consideration and it is accordingly allowed. All proceedings in C.C.No.23159/2010 pending on the file of X Additional Chief Metropolitan magistrate (Mayo Hall), Bengaluru are quashed so far as petitioner is concerned.
7. In view of disposal of this petition, I.A. No.1/19 does not survive of consideration and the same is also disposed of.
No costs.
Sd/- JUDGE ln.