IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.2027 OF 2019 BETWEEN:
NARVE SOMASHEKHAR S/O JAYARAJ @ CHIKKANNAIAPPA AGED ABOUT 47 YEARS BJP CANDIDATE NO.603 6TH FLOOR ATHENS I PRESTIGE ACROPOLIS DR.MARIGOWDA ROAD, AUDUGODI BANGALORE - 560 029 ALSO IT NARVE VILLAGE AREHALLY HOBLI BELURU TQ R/O 103 BENGALURU … PETITIONER (BY SMT. C. ASHWIN, ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY SAKALESHPURA RURAL POLICE STATION HASSAN DISTRICT KARNATAKA - 573 134 REPRESENTED BY SPP HIGH COURT OF KARNATAKA BANGALORE - 01 2. SRI. KAILASHMURTHY AGED ABOUT 45 YEARS AEE RURAL DRINKING WATER SUPPLY DEPARTMENT AND FLYING SQUAD SAKALESHAPURA TALUK HASSAN, KARNATAKA-573 134 ... RESPONDENTS (BY SHRI. NASRULLA KHAN, HCGP FOR R.1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.578/2018, PENDING CONSIDERATION ON THE FILE OF CIVIL JUDGE AND JMFC, SAKALESHAPURA, HASSAN AND CONSEQUENTLY QUASH THE CHARGE SHEET FILED BY RESPONDENT NO.1.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard Shri C. Ashwin, learned advocate for the petitioner and Shri Nasrulla Khan, learned HCGP for respondent No.1-State.
2. Shri C. Ashwin, learned advocate for the petitioner submits that respondent No.1 filed an FIR No.101/2018 on 11.04.2018 in Sakaleshpura Town Police Station against the petitioner-accused for the offences punishable under Section 3 of Karnataka Open Place Disfigurement Act, 1951 & 1981 and Section 127A of Representation of People Act, 1950, 1951 & 1989. The said offences are non-cognizable in nature and therefore could not have been investigated by the police without express permission by way of a speaking order from the learned Magistrate. The learned Magistrate has endorsed on a requisition filed by the police as ‘permitted’ and therefore, it is a non-speaking order. Based on such permission, police have proceeded with the investigation.
3. The submission of learned advocate for the petitioner is not disputed by the learned HCGP.
4. This Court after adverting to earlier decisions, has taken a consistent view that the endorsement made by the learned Magistrate as ‘permitted’ is not a speaking order. [See The Padubidri Members Lounge and others Vs. Director General and Inspector General of Police and others (W.Ps.No.42073-42075/2018 D.D. 3.10.2018)].
5. In the circumstances, this petition merits consideration and it is accordingly allowed. All proceedings in C.C.No.578/2018 arising out of Crime No.101/2018 registered in Sakaleshpura Town Police Station, pending on the file of Civil Judge & JMFC, Sakaleshpura, Hassan, are quashed.
6. In view of disposal of this petition, I.A.No.1/2019 does not survive of consideration and the same stands disposed of.
No costs.
Sd/- JUDGE AV