IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.3768 OF 2019 BETWEEN:
MANIKANTA @ MANI S/O KARUNAKARAN AGED ABOUT 34 YEARS 4TH MAIN, 1ST CROSS VINOBANAGARA DAVANAGERE – 577 005 … PETITIONER (BY SHRI. JAYAPRAKASH K. N., ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY EXTENSION POLICE STATION DAVANAGERE, REP. BY ITS S.P.P. HIGH COURT BUILDING BENGALURU – 560 001 2. K. ANAND S/O R. H. KRISHNAPPA AGED ABOUT 46 YEARS NO.1885/83, 2ND MAIN JAIN LAYOUT KUNDAVADA ROAD DAVANAGERE – 577 005 ... RESPONDENTS (BY SHRI. NASRULLA KHAN, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.1717/2017 ARISING OUT OF CRIME NO.187/2015 REGISTERED BY EXTENSION POLICE STATION, DAVANAGERE PENDING ON THE FILE OF THE JMFC I COURT, DAVANAGERE FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 504, 506, 427, 307 READ WITH SECTION 34 OF IPC AND SECTION 27 AND 30 OF ARMS ACT 1959, IN SO FAR AS THE PETITIONER IS CONCERNED.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard Shri.Jayaprakash K.N., learned Advocate for petitioner and Smt.K.P.Yashodha, learned HCGP for respondent-State.
2. Petitioner has challenged the proceedings initiated against him for violation of Sections 427, 506, 504, 307 506, 427 r/w 34 of IPC and Sections 27 & 30 of the Arms Act.
3. Shri.Jayaprakash K.N., submits that the police have registered FIR No.187/2015 on 23.09.2015 in Davanagere Police Station for the aforesaid offences which are non-cognizable in nature. After registration of FIR, Police have investigated the case and filed the charge sheet without obtaining prior permission from the learned Magistrate.
4. The submission of learned advocate for the petitioner is not disputed by the learned HCGP.
5. This Court has taken a consistent view that police cannot investigate into non-cognizable offences, without obtaining express permission from the jurisdictional Magistrate. [See B.M.Suresh Vs. The State of Karnataka and another (Crl.P.No.4974/2016 D.D. 10.08.2016)].
6. In the circumstances, this petition merits consideration and it is accordingly allowed. The proceedings in C.C.No.1717/2017 (Crime No.187/2015) on the file of JMFC I Court, Davanagere, are quashed, so far as petitioner is concerned.
No costs.
Sd/- JUDGE Yn.