IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.3416 OF 2014 BETWEEN:
M.P. KUMARASWAMY S/O PUTTAIAH AGED BOUT 41 YEARS OCC:SOCIAL SERVICE/ FORMER MEMBER OF KARNATAKA LEGISLATIVE ASSEMBLY R/O MUDIGERE TOWN MUDIGERE TALUK CHIKMAGLUR DISTRICT-577 132 … PETITIONER (BY SHRI. P. PRASANNA KUMAR, ADVOCATE) AND:
1. STATE OF KARNATAKA BY BENAKAL POLICE STATION MUDIGERE TQ CHIKMAGLUR DISTRICT-577 132 REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE-560 001 2. SRI ANSAR MAJOR OCC:MCC OFFICER BANAKAL CIRCLE MUDIGERE TALUK CHIKMAGLUR DISTRICT-577 132 ... RESPONDENTS (BY SHRI. NASRULLA KHAN, HCGP FOR R.1; R2- SERVED BUT UNREPRESENTED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE IMPUGNED ORDER DATED:8.10.13 PASSED BY THE PRL.C.J. AND JMFC, MUDIGERE IN C.C.NO.819/13, THEREBY TAKING COGNIZANCE THE PETITIONER AND ORDERING TO REGISTERE A CASE.
THIS CRIMINAL PETITION COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard.
2. Shri P. Prasanna Kumar, learned advocate for the petitioner submits that respondent No.2 has filed FIR No.79/2013 on 04.05.2013 in Banakal Police Station, Chickmagaluru, against the petitioner and another accused for offences punishable under Sections 171(B), 171(C), 171(H) and 171(I) of IPC. The said offences are non-cognizable in nature and therefore could not have been investigated by the police without express permission by way of a speaking order from the learned Magistrate. The learned Magistrate has endorsed on a requisition filed by the police as ‘permitted’ and therefore, it is a non-speaking order. Based on such permission, police have conducted enquiry and filed the charge sheet. Therefore, the said charge sheet is unsustainable in law.
3. The facts narrated by the learned advocate for the petitioner are not disputed the learned HCGP.
4. This Court, after adverting to earlier decisions, has taken a consistent view that the endorsement made by the learned Magistrate as ‘permitted’ 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. In the circumstances, this petition merits consideration and it is accordingly allowed. Resultantly, order dated 08.10.2013 in C.C.No.819/2013 passed by Principal Civil Judge and JMFC, Mudigere, and further proceedings in SPL.C.C.No.882/2018 now pending on the file of LXXXI Additional City Civil & Sessions Judge, Bengaluru (CCH-82), are quashed, so far as petitioner is concerned.
No costs.
Sd/- JUDGE AV