IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.8728/2015 BETWEEN:
DR.J.S MADHUKUMAR, S/O.LATE J.S. SHANNA THAMMANANNA, AGED ABOUT 48 YEARS, OCC: DOCTOR, SRI.MADHU DENTAL CLINIC, PRASANNA TALKIES ROAD, R/O 6TH CROSS, IUDP LAYOUT, CHITRADURGA DISTRICT-575 501. ... PETITIONER (BY SRI.R.B.DESHPANDE, ADVOCATE) AND:
1. THE STATE OF KARNATAKA, BY CHITRADURGA TOWN POLICE STATION, CHITRADURGA-577 501.
2. S.SATHISH, S/O.SRINIVASA, AGED ABOUT 45 YEARS, R/AT KURUVINAKATTE CIRCLE, CHITRADURGA TOWN, CHITRADURGA -577 501. ... RESPONDENTS (BY SRI.VIJAYAKUMAR MAJAGE, ADDL.SPP FOR R1; SRI.R.SHASHIDHAR, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ENTIRE CRL.PROCEEDINGS IN C.C.NO.281/2013 PENDING ON THE FILE OF IIND ADDL. CIVIL JUDGE AND JMFC COURT, CHITRADURGA.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard learned counsel for petitioner, learned SPP-II for respondent No.1 and learned counsel for respondent No.2.
2. Perused the records.
3. The only contention urged by learned counsel for the petitioner is that the offence charged against the petitioner is non-cognizable in nature. The investigation was embarked upon by respondent No.1 without prior authorization under Section 155(2) of Cr.P.C.
4. There is nothing on record to show that respondent No.1 has obtained prior authorization by learned Magistrate as required under Section 155(2) of Cr.P.C. before proceeding with investigation against the petitioner. In view of this defect, the entire proceedings are vitiated. Consequently, the charge sheet against the petitioner and the consequent trial are liable to be quashed. Accordingly, the petition is allowed. The proceedings in C.C. No.281/2013 on the file of the II Additional Civil Judge and JMFC Court, Chitradurga, are quashed.
Liberty is reserved to the complainant to take necessary action in accordance with law.
Cs/-
Sd/- JUDGE