IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.7333/2016 BETWEEN:
1. Murali Krishna, S/o. Ramappa, Aged about 46 years, 2. Ramesh Babu, S/o. Munivenkatappa, Aged about 40 years, 3. Ganesh, S/o. Munivenkatappa, Aged about 26 years, R/o. Uppukunte Village, Sugatur Hobli, Kolar Taluk, Kolar District – 563 101. …Petitioners (By Sri. A.H. Bhagavan, Advocate) AND:
1. State of Karnataka, By Kolar Rural Police, Represented by The State Public Prosecutor, High Court Buildings, Bengaluru – 560 001.
2. Sri. Narayana Reddy V., S/o. U.N. Venkataswamy, Aged about 36 years, R/o. Uppukunte Village, Sugatur Hobli, Kolar Taluk, Kolar District – 563 101. ...Respondents (By Sri. I.S. Pramod Chandra, SPP-II for R1; Sri. V. Subash Reddy, Advocate for R2) This Criminal Petition is filed under Section 482 of Cr.P.C. praying to set aside the order dated 09.03.2014 passed by the I Additional Civil Judge (Sr.Dn.) and Additional C.J.M., Kolar in C.C.No.446/2014 i.e., taking cognizance and registering the case for the offence p/u/s 323, 504, 506 read with 34 of IPC and quash the proceedings.
This Criminal petition coming on for Admission, this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioners and learned SPP-II appearing for respondent No.1-State and the learned counsel for respondent No.2.
2. The petitioners have sought to quash the proceedings initiated against them in C.C.No.446/2014 for the offences punishable under Sections 323, 504, 506 r/w 34 of IPC. The primary contentions urged by the learned counsel for the petitioners is that all the offences alleged against the petitioners are non-cognizable offences. Hence, the proceedings initiated against the petitioners without prior authorization of the Magistrate as mandated under Section 155(2) of Cr.P.C. is bad in law.
3. The learned SPP-II does not dispute the fact that prior authorization was not obtained by the Investigating Officer either at the time of registration of the case or during investigation. As such, the entire investigation having proceeded against the petitioners being defective and violative of Section 155(2) of Cr.P.C. are liable to be quashed.
4. Accordingly, the criminal petition is allowed.
The proceedings initiated against the petitioners in C.C.No.446/2014 on the file of the I Addl. Civil Judge (Sr.Dn.) & Addl. CJM, Kolar, for the offences punishable under Sections 323, 504, 506 r/w 34 of IPC, are hereby quashed.
Sd/- JUDGE SV/-