IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI CRIMINAL PETITION NO.7202 OF 2019 BETWEEN:
IBRAHIM S/O.ANDRU R/AT 305/11, PAIVALIKE VILLAGE, BAYAR, UPPALA KASARAGOD DIST. KERALA-671 348 (BY SRI.VISHWAJITH SHETTY S., ADV.) AND:
STATE OF KARNATAKA BY KANKANADY TOWN POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE-560 001 (BY SRI.R.D.RENUKARADHYA, HCGP) … PETITIONER ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.1715/2017 (CR.NO.20/2017 OF KANKANADY POLICE STATION) PENDING ON THE FILE OF J.M.F.C. (III COURT), MANGALURU, D.K., AND ETC.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER State counsel accepts notice for respondent.
2. Petitioner is accused No.9 in C.C. No.1715/2017 (Cr.No.20/2017) of Kankanady police station pending on the file of JMFC (III Court) for the offence punishable under Sections 78(ii) & 80 of Karnataka Police Act.
3. Learned counsel for the petitioner pointed out from the criminal petition No.4202/2019 decided on 01.07.2019 which were filed by the co-accused. This Court has allowed the petition while quashing C.C. No.1715/2017 (Cr.No.20/2017) of Kankandady Police Station.
4. Para No.5 of the order dated 1.7.2019 reads as under:
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)] 5. Having regard the decision in Criminal Petition No.4202/2019 dated 01.07.2019, present petition stands allowed. All the proceedings in C.C. No. 1715/2017 (Cr.No.20/2017) of Kankandady police Station pending on the file of VII – JMFC., Mangalore for the offence punishable under Sections 78(ii) and 80 of the Karnataka police Act are set aside insofar as the petitioner is concerned.
Sd/- JUDGE BS