IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.5782/2013 BETWEEN:
Sri. S.L. Boje Gowda, S/o. Late N.R. Lakshmayya, Aged about 53 years, R/o Hosmane Extention, Chikkamagaluru – 577 101. …Petitioner (By Sri. M.S. Shyam Sundar, Advocate a/w Sri. P. Prasad, Advocate) AND:
1. State of Karnataka, Through Station House Officer, Basavanahalli Police Station, Represented by:
Special Public Prosecutor, Hon’ble High Court, Bengaluru – 560 001.
2. Sri. C.D. Anil Kumar, S/o. Dharme Gowda, Aged about 32 years, R/o Harihareshwara Street, Kote, Chikkamagaluru – 577 101.
...Respondents (By Sri. Vijayakumar Majage, Addl. SPP for R1; Sri. Showri H.R., Advocate for R2 (Absent)) This Criminal petition is filed under Section 482 of Cr.P.C. praying to quash the entire proceedings in C.C.No.550/2013 pending before the II Addl. Civil Judge (Jr.Dn.) and JMFC, Chikkamagaluru (Annexure – C).
This Criminal petition coming on for Hearing, this day, the Court made the following:
O R D E R Heard learned counsel for petitioner and learned Addl. SPP for respondent No.1. Counsel for respondent No.2 is absent. Perused the records.
2. Petitioner has sought to quash the charge sheet laid against him for the alleged offences punishable under Sections 504, 323 and 506 of IPC. The principal contention urged by the learned counsel for the petitioner is that all the offences charged against the petitioner are non-cognizable offence in respect of which the Investigating Officer could not have embarked upon investigation without prior authorization or permission from the learned Magistrate as required under Section 155(2) of Cr.P.C, and thus seeks to quash the charge sheet and the entire proceedings in C.C.No.550/2013 pending before the II Addl. Civil Judge (Jr.Dn.) and JMFC, Chikkamagaluru.
3. The learned Addl. SPP appearing for respondent No.1, however would submit that a requisition was submitted by the Investigating Officer and learned Magistrate has accorded permission for investigation and hence, there is substantial compliance of requirement of Section 155(2) of Cr.P.C.
4. On perusal of the copy of the requisition made by the Investigating Officer seeking permission under Section 155(2) of Cr.P.C, it is seen that the learned Magistrate has written on the requisition as ‘permitted’. This endorsement on the face of it indicates that the learned Magistrate without applying his mind to the facts of the case has made a remark as ‘permitted’ under his signature.
5. Considering the purport of Section 155 of Cr.P.C. and the purpose and object of prescribing such a pre-requisite in Section 155 (2) of Cr.P.C., this Court in the case of PRAVEEN BASAVANNEPPA SHIVALLI VS. STATE OF KARNATAKA AND OTHERS REPORTED IN 2017(1) AKR 461 has observed as under:
“15. In the present case, 2nd respondent having acted contrary to sub section (1) of Section 155 Cr.P.C. and the learned Magistrate having not passed ‘an order’, instead, having made an entry ‘permitted’, being not ‘an order’ in the eye of law and in view of the prohibition contained in sub-section (2) of S.155 Cr.P.C., the investigation made and the consequential charge-sheet filed for the offences under Ss.504, 506 and 323 of IPC and the taking of cognizance of those offences and the issue of non- bailable warrant in the first instance itself for proceeding further with the case against the accused are absolutely illegal. It is obvious that the police and the Magistrate have not bothered to look into S.155 Cr.P.C. before proceeding further in the matter. Non application of mind and mechanical approach to the case are apparent.”
Since, the learned Magistrate has failed to comply with the mandatory requirements of Section 155 of Cr.P.C., the impugned proceedings are liable to be quashed. Hence, without entering to any further discussions on the other contentions urged by the petitioner, the petition is allowed. Charge sheet laid in Crime No.107/2013 and the entire proceedings in C.C.No.550/2013 pending before the II Addl. Civil Judge (Jr.Dn.) and JMFC, Chikkamagaluru, is quashed.
It is open to the Investigating Officer to proceed in the matter after complying with the requirements of Section 155(2) of Cr.P.C. in accordance with law, if desired.
Sd/- JUDGE SV