IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.630 OF 2016 BETWEEN:
K. PRASHANTH AGED ABOUT 32 YEARS, S/O LATE G.R.KRISHNA REDDY, R/AT NO.66, G.R.K.PARADISE, BASAVA SAMITHI LAYOUT, NANJAPPA CIRCLE, VIDYARANYAPURA, BENGALURU - 560 097. ... PETITIONER (BY SRI: PAVANA CHANDRA SHETTY H, ADVOCATE) AND 1. VINOD SRINIVAS AGED ABOUT 44 YEARS, S/O SRINIVAS, R/AT AKME BALLET, I-301, DODDANEKUNDI, MARATHALLI, OUTER RING ROAD, BENGALURU - 560 037.
2. THE STATE OF KARNATATKA THE STATION HOUSE OFFICER MAHADEVAPURA POLICE STATION, BENGALURU - 560 048. ... RESPONDENTS (BY SRI: VIJAYA KUMAR MAJAGE, ADDL. SPP FOR R2;
SRI: G.D. ASWATHANARAYAN, ADVOCATE FOR R1- ABSENT) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE CHARGE SHEET IN CR.NO. 231/2012 AND PROCEEDINGS RELATING TO THE C.C.NO. 52456/2014 PENDING ON THE FILE OF THE COURT OF THE X ADDL. C.M.M., BENGALURU CITY FOR THE OFFENCES P/U/S 506, 507 OF IPC PRODUCED HEREWITH AS DOCUMENT NO.4, ALLOW THIS CRL.P. WITH COSTS THROUGHOUT.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner has sought to quash the proceedings initiated against him in Crime No.231/2012 and the consequent submission of charge sheet in C.C.No.52456/2014 for the offences punishable under Sections 506 and 507 of Indian Penal Code.
2. Heard learned counsel for petitioner and the learned Additional State Public Prosecutor for respondent No.2. Learned counsel for respondent No.1 is absent.
3. The only contention urged by the learned counsel for the petitioner is that the offences alleged against the petitioner are non-cognizable offences, the investigation whereof could not have been embarked upon without prior permission of the Magistrate under Section 155(2) of Cr.P.C.
4. Learned Additional State Public Prosecutor has placed copy of the order passed by the learned Magistrate dated 31.3.2012 and would submit that prior authorization as required under Section 155(2) of Cr.P.C. has been obtained and therefore, there is no illegality in initiation of proceedings against the petitioner. Further he submits that the trial has already commenced and material witnesses have already been examined before the trial Court and hence, there are no grounds to quash the proceedings.
5. On perusal of copy of the order produced by the learned Additional State Public Prosecutor it is seen that order sheet was put up before the learned Magistrate on 31.3.2012. The said order sheet is in a printed form with blanks and at Sl.No.3, “offences under Sections 506 and 507 of Indian Penal Code” had been filled up. At the bottom of said order sheet, the learned Magistrate has endorsed as:
“Perused records. Permitted to investigate the offences by P.I. or P.S.I.”
6. The order sheet does not refer to the requisition submitted by the investigating officer which requires to be considered by the learned Magistrate before according permission for investigation. The said order, in my view, suffers from the same vice which has already been considered by this Court in Crl.P.No.8389/2016 dated 20.02.2019. The endorsement made by the learned magistrate cannot be construed as “Order” as prescribed under Section 155(2) of Cr.P.C. Hence, in my view, investigation to the alleged offences having been commenced without authority of law, the investigation as well as subsequent submission of the charge sheet are vitiated. Consequently, the impugned proceedings being without jurisdiction, are liable to be quashed.
7. Accordingly, petition is allowed. Proceedings arising out of Crime No.231/2012 pending on the file of X Additional Chief Metropolitan Magistrate, Bengaluru City in C.C.No.52456/2014 are hereby quashed.
In view of disposal of the petition, I.A.No.1/2016 for stay does not survive for consideration. Accordingly, it is dismissed.
bkp Sd/- JUDGE