IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR WRIT PETITION No.14016 OF 2019(GM-RES) BETWEEN :
MR. HARIRAJ SHETTY S/O B. VASANTHRAM SHETTY AGED 55 YEARS NO.15, BASEMENT CUNNINGHAM ROAD BENGALURU-560 052 …PETITIONER (BY SHRI. AKASH B. SHETTY, ADVOCATE) AND :
1. DIRECTOR GENERAL & INSPECTOR GENERAL OF POLICE POLICE HEAD QUARTERS NRUPATUNGA ROAD BANGALORE-01 2. HOME SECRETARY VIDHANA SOUDHA BANGALORE-01 3. THE COMMISSIONER OF POLICE INFANTRY ROAD BANGALORE-01 4. THE INSPECTOR OF POLICE (CCB) N.T.PET, MYSORE ROAD BANGALORE-560 002 5. STATE OF KARNATAKA BY ASHOKNAGAR POLICE STATION REPRESENTED BY SPP HIGH COURT BUILDING HIGH COURT OF KARNATAKA BANGALORE-01 ... RESPONDENTS (BY SHRI. K. NAGESHWARAPPA, HCGP) . . . .
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CRIME NO. 0159/2017 UNDER S. 79, 80 OF THE K.P. ACT 1963 BEFORE THE METROPOLITAN MAGISTRATES COURT (TRAFFIC COURT 1) MAYO HALL, BANGALORE (ANNEXURE-A) AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard Shri.Akash B.Shetty, learned Advocate for petitioner and Shri.K.Nageshwarappa, learned HCGP for respondent-State.
2. Petitioner has challenged proceedings initiated against him in Crime No.0159/2017 dated 06.04.2017 for the offences punishable under Sections 79 and 80 of the Karnataka Police Act, 1963.
3. Shri.Akash B.Shetty, submits that the said offences are non-cognizable and the learned Magistrate has granted permission without applying his mind.
4. Perusal of requisition submitted by the Police Sub- Inspector of Ashoknagar Police Station, Bengaluru City on 07.04.2017 annexed to the petition shows that the learned Magistrate has endorsed as ‘permitted’. No reasons are recorded for 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 is accordingly allowed. All proceedings in Crime No.0159/2017 dated 06.04.2017 pending on the file of Metropolitan Magistrate (Traffic Court-1), Mayohall, Bangalore City are quashed so far as petitioner is concerned.
No costs.
Sd/- JUDGE SPS