IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.9374 OF 2018 BETWEEN:
SHABEER SAB S/O AMEERJAN SAB AGED ABOUT 60 YEARS, R/O 2ND CROSS INDIRA NAGAR MALEBENNURU TOWN HARIHAR TALUK DAVANAGERE DISTRICT-577530 ... PETITIONER (BY SHRI JAYA PRAKASH K N., ADVOCATE) AND:
THE STATE OF KARNATAKA BY RURAL POLICE STATION HARIHAR TALUK, DAVANAGERE REPTD BY ITS S.P.P.
HIGH COURT BUILDING BENGALURU-560 001 ... RESPONDENT (By SHRI S.CHANDRASHEKARAIAH, HCGP) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS INCLUDING COMPLAINT AND FIR IN C.C.NO.960/2018 ARISING OUT OF CR.NO.156/2018 REGISTERED BY HARIHARA RURAL POLICE STATION, HARIHAR TALUK, DAVANAGERE PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, HARIHAR FOR THE OFFENCE P/U/S 78(3) OF KARNATAKA POLICE ACT.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard.
2. Shri Jaya Prakash, learned advocate for the petitioner submits that the police have registered FIR No.156/2018 on 22.10.2018 in Harihara Rural Police Station for non-cognizable offences punishable under Section 78(3) of the Karnataka Police Act. After registration of FIR, Police have investigated the case and filed the charge sheet without obtaining prior permission from the learned Magistrate.
3. The submission of learned advocate for the petitioner is not disputed by the learned HCGP.
4. This Court has taken a consistent view that police cannot investigate into non-cognizable offences, without obtaining express permission from the jurisdictional Magistrate. [See B.M.Suresh Vs. The State of Karnataka and another (Crl.P.No.4974/2016 D.D. 10.08.2016)].
5. In the circumstances, this petition merits consideration and it is accordingly allowed. The proceedings in C.C.No.960/2018 pending on the file of Principal Civil Judge & JMFC, Harihara, Davanagere District, are quashed, so far as petitioner is concerned.
No costs.
Sd/- JUDGE Yn.