IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.4423 OF 2013 BETWEEN:
1. Sri.B.N.Shivanna, S/o. Late Nagappa, Aged about 58 years.
2. Sri.Naveen, S/o. B.N.Shivanna, Aged about 29 years.
Both are residing at No.368, 12th Cross, 5th Main Road, M.C.Layout, Vijayanagara, Bengaluru-560040.
(By Sri. Mohan Kumar.D, Advocate) AND:
1. The State of Karnataka, By Rajgopal Nagara Police, Bengaluru-560058.
2. Sri.L.R.Munigangappa, S/o. Late L.G.Ramanna, R/at No.153, Vishnu Mahal, …Petitioners L.G.R.Layout, Laggere, Bengaluru-560058.
...Respondents (By Sri. I. S. Promod Chandra, SPP-II for R1; Sri. S.R.Krishna Kumar, Advocate for R2) This Criminal Petition is filed under Section 482 of Cr.P.C praying to quash the entire proceedings against these petitioners in C.C.No.20836/2012 (Crime No.563/2011) of Rajagopal Nagara Police Station) on the file of the VII Additional C.M.M, Bengaluru.
This Criminal Petition coming on for Hearing, this day, the Court made the following:
ORDER The petitioners are accused Nos.1 and 2 in Crime No.563/2011. After investigation, charge sheet is laid against them for the offence punishable under Sections 504, 506 read with Section 34 of IPC.
2. The only contention urged by the learned counsel for the petitioners is that both the offence alleged against the petitioners are non-cognizable offence and therefore, the investigating agency could not have conducted investigation and the learned Magistrate could not have taken cognizance of the said offence without the prior authorization by the jurisdictional Magistrate as provided under Section 155(2) of Cr.P.C.
3. In support of this submission, learned counsel has placed reliance on the decision of this Court in Criminal Petition No.100555/2014 dated 04.04.2014.
4. Learned SPP-II does not dispute about the facts.
5. Having regard to the law enunciated by this Court in the above decision and in view of the specific provisions contained in Section 155 of Cr.P.C., the impugned proceedings having been initiated without authorization by the learned Magistrate as required under Section 155(2) of Cr.P.C., the impugned proceedings are bad in law and therefore, liable to be quashed.
6. Accordingly, the Criminal Petition is allowed.
The proceedings pending on the file of the VII Additional Chief Metropolitan Magistrate, Bengaluru in C.C.No.20836/2012 are hereby quashed in so far as the petitioners are concerned.
Sd/- JUDGE dn/-