IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.859/2016 Between:
1. Smt.Priyanka, W/o Madhukar G. Angur, Aged about 23 years, Director of Alliance Business School, R/at No.48/A, 27th Main, 1st Cross, B.T.M.Layout 1st Stage, Bengaluru – 560 068.
2. Mr.Rajendrudu, Aged about 55 years, Group CFO, Alliance Business School, R/at No.48/A, 27th Main, 1st Cross, B.T.M.Layout 1st Stage, Bengaluru – 560 068.
3. Sri.Madhukar G. Angur, S/o Guddappa B. Angur, Aged about 55 years, Managing Director, Alliance Business School, R/at No.29, 27th Main, 1st Cross, B.T.M Layout, 1st Stage, Bengaluru – 560 068. … Petitioners (By Sri.Raghavendra K, Advocate) And:
1. State of Karnataka By Nandini Layout Police Station, Represented by State Public Prosecutor, High Court of Karnataka, Bengaluru – 560 001.
2. State of Karnataka, By Rajgopalnagar Police Station, Represented by State Public Prosecutor, High Court of Karnataka, Bengaluru – 560 001.
3. Sri.Prakash Siddappa @ Prakash S Budur @ Rakesh, S/o Siddappa Budur, Aged about 39 years, R/at No.32, 6th Main, 6th Cross, Saraswathipuram, Nandini Layout, Bengaluru – 560 096. ... Respondents (By Sri. Vijaya Kumar Majage, Addl. SPP for R1 & R.2) This Criminal Petition is filed under Section 482 of Cr.P.C., praying to quash the FIR in Cr.No.64/2015 at Annexure-A and B complaint registered by the respondent No.1 police against the petitioners for the offences punishable under Sections 504, 506 read with 34 of IPC pending before the VII A.C.M.M., Bengaluru and etc., This Criminal Petition coming on for admission this day, the Court made the following:
O R D E R Heard learned counsel for the petitioners and learned Additional SPP for respondents No.1 and 2.
2. Perusal of the records indicate that the Investigating Officer has failed to comply with the mandatory requirements laid down under Section 155 of Cr.P.C.
3. The substance of the information was not recorded in the book kept for the said purpose as prescribed by the State Government, FIR was registered against the petitioners without seeking prior permission as required under Section 155(2) of Cr.P.C. Therefore, on both these grounds, the impugned proceeding cannot be sustained.
Consequently, the petition is allowed. Proceedings initiated against the petitioners in FIR No.64/2015 and all consequent proceedings arising therefrom is hereby quashed. Liberty is reserved to the complainant to proceed against the petitioners on the same cause of action, if desired, by complying with the requirements of Section 155 of Cr.P.C. in accordance with law.
SD/- JUDGE PYR