IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28th DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE Mr. JUSTICE G.NARENDAR CRIMINAL PETITION NO.6708 OF 2019 BETWEEN:
MOHAMMED ZURAF, S/O. MOHAMMAD GHOUSE, AGED ABOUT 48 YEARS, M.G. MEDICALS, G.S.K.M. ROAD, SHIVAMOGGA-577 201. ...PETITIONER (BY SRI UMESH MOOLIMANI ADVOCATE FOR SRI S V PRAKASH, ADVOCATE) AND:
STATE BY SUB INSPECTOR OF POLICE DODDAPETE POLICE STATION, DODDAPETE, SHIVAMOGGA-577 201, REP BY SPP, HIGH COURT BUILDING, BENGALURU-560 001. …RESPONDENT (BY SRI R.D.RENUKARADHYA, HCGP) **** THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO QUASH THE FIR IN CR.NO.153/2013 AND THE PROCEEDINGS IN C.C.NO.303/2014 PENDING ON THE FILE OF J.M.F.C-II COURT, SHIVAMOGGA AS AGAINST THE PETITIONER FOR THE OFFENCE P/U/S 79(A) AND (B) AND SECTION 80 OF KARNATAKA POLICE ACT.
THIS PETITION COMING ON FOR ADMISSION THIS DAY THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent - State.
2. Learned counsel for the petitioner submits that the proceedings initiated under Sections 79(a) & (b) and 80 of the Karnataka Police Act stands vitiated on account of failure of the respondent police to comply with mandate of Section 155(2) of the Criminal Procedure Code.
3. The learned counsel for the petitioner places reliance on the ruling rendered by a coordinate bench in Crl.P. No.1204/2018.
4. The learned High Court Government Pleader fairly submits that no prior permission of the jurisdictional Magistrate has been obtained as mandated under Section 155(2) of the Criminal Procedure Code prior to commencing the investigation.
5. In that view of the matter, the instant petition deserves to be allowed. Accordingly, the petition is allowed. Proceedings initiated against the petitioner in C.C. No.303/2014 pending on the file of the learned JMFC II, Shivamogga, stands quashed.
Sd/- JUDGE ykl