IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.6333/2014 Between:
Smt.Marimuthu, W/o Late Aadimulam, Aged about 66 years, No.25, 1st Cross, Pillanna Garden, Bilal Nagar, Bangalore – 560 084. … Petitioner (By Sri.C.R.Abdul Rasheed, Advocate) And:
State of Karnataka, By SHO, Bengaluru Metropolitan Task Force (BMTF), Bangalore. ….Respondent (By I.S.Promod Chandra, SPP II) This Criminal Petition is filed u/s.482 of Cr.P.C., praying to quash the FIR No.37/2014 registered by respondent BMTF, for alleged offences punishable under Section 436(A) of the KMC Act, 1976 and u/s.217 of IPC, 1860 and the proceedings thereon etc.
This petition coming on for admission this day, the Court made the following;
ORDER The petitioner has sought to quash the FIR in Crime No.37/2014 registered for the offences punishable under Section 436(A) of KMC Act, 1976 and Section 217 of IPC, 1860.
2. Learned counsel for the petitioner at the outset submitted that both the offences alleged against the petitioner are non cognizable. Hence, the investigation into the said offences without prior permission of the learned Magistrate under Section 155(2) of the Cr.P.C. has vitiated the entire proceedings.
3. The learned SPP-II appearing for the respondents does not dispute the fact that prior permission was not obtained before registration of the FIR.
4. In view of the above facts, the FIR registered against the petitioner cannot be sustained.
5. In the circumstances, the petition is allowed. The First Information Report in Crime No.37/2014 registered for the offences under Section 436(A) of KMC Act, 1976 and 217 of IPC, 1860, is quashed.
Liberty is reserved to the complainant to take appropriate action after complying with mandatory requirements of Section 155 of the Cr.P.C.
Sd/- JUDGE Msu