IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION NO.2026/2019 BETWEEN:
NARVE SOMASHEKHAR, AGED AOBUT 47 YEARS, S/O JAYARAJ @ CHIKKANNAIAPPA, BJP CANDIDATE, NO.603, 6TH FLOOR, ATHENS 1 PRESTRIGE ACROPOLIS, DR.MARIGOWDA ROAD, AUDUGODI, BENGALURU-560 029.
(BY SRI.NANJUNDA REDDY D.N, SR. ADV, FOR SRI. ASHIWIN.C, ADV. ) AND 1. THE STATE OF KARNATAKA, ... PETITIONER BY SAKALESHPURA RURAL POLICE STATION, HASSAN DISTRICT, KARNATAKA – 573 134. REPT BY SPP, HCK, BANGALORE – 560 001.
2. SRI. KAILASHMURTHY, AGED ABOUT 45 YEARS, S/O NOT KNOWN, AEE RURAL DRINKING WATER SUPPLY DEPARTMENT, AND FLYING SQUAD, SAKALESHAPURA TALUK, HASSAN, KARNATAKA – 573 134.
(BY SRI NASRULLA KHAN, HCGP FOR R-1) ... RESPONDENTS THIS CRL.PETITION IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.447/2018, PENDING ADJUDICATION ON THE FILE OF THE CIVIL JUDGE AND JMFC, SAKALESHPURA, HASSAN AND CONSEQUENTLY QUASH THE ANNEXURE-A, THE CHARGE SHEET FILED BY THE RESPONDENT NO.1.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard Shri. Nanjunda Reddy, learned Senior Advocate for the petitioner and Shri. Nasrulla Khan, learned HCGP for the respondent No.1 – State.
2. Learned Advocate for the petitioner submitted that the petitioner is alleged of offences punishable under Section 127A of the Representation of People Act, 1951 and a charge sheet has been filed against him.
3. It is further submitted that all the said offences are non-cognizable offences and unless the complainant had obtained prior permission, the charge sheet could not have been filed. He adverted to the endorsement made by the learned Magistrate stating `permitted’ and argued that it is a ‘non-speaking order’ and therefore unsustainable in law.
4. The submissions of learned Senior advocate for the petitioner are not disputed by the learned High Court Government Pleader in his usual fairness.
5. This Court has taken a consistent view that, a mere endorsement stating `permitted’ by the learned Magistrate, does not fulfill the mandatory provisions of Section 155(2) of Cr.P.C.
6. In the case of Sri. Babasab Kutbuddin Nadaf and others vs. State of Karnataka (Crl.P.No.102152/2017 and connected petitions) decided on 26.04.2018, this Court has held as follows :
“12. In view of the above factual and legal defects which amount to incurable illegalities and blatant violation of the mandatory requirements of law, all the above proceedings are liable to be quashed.”
7. In the circumstances, the endorsement dated 11.04.2018 and all further proceedings pursuant thereto are unsustainable in law.
8. Resultantly, this petition merits consideration and is accordingly allowed. All proceedings in C.C.No.447/2018 on the file of the Principal Civil Judge and JMFC, Sakaleshpura, Hassan, are quashed.
In view of disposal of the criminal petition, I.A.No.1/2019 does not survive for consideration and it stands disposed of.
No costs.
ln.
Sd/- JUDGE