IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.3979 OF 2019 BETWEEN:
SRI. S.N. MAHADEVA S/O LATE NAGAPPA AGED ABOUT 51 YEARS RESIDING AT NO.207 2ND MAIN ROAD SINGASANDRA VILLAGE BEGUR HOBLI BANGALORE-560 068 … PETITIONER (BY SHRI. K. SUMAN, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS INSPECTOR OF POLICE MADIVALA POLICE STATION BANGALORE REPRESENTED BY S.P.P HIGH COURT BUILDING BANGALORE-560 001 2. SRI. ABHISHEK G S/O GURUMALLESHA AGED ABOUT 33 YEARS NO.22, SRI LAVANYA SERINITY 4TH AVENUE, 6TH MAIN TEACHERS COLONY I BLOCK BENGALURU CITY KARNATAKA-560 034 ... RESPONDENTS (BY SMT. K.P. YASHODHA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE FIR REGISTERED BY THE MADIVALA POLICE STATION, BENGALURU AGAINST THE PETITIONER IN CR.NO.490/2018 FOR THE OFFENCE P/U/S 506 AND 504 OF IPC (i.e. ANNEXURE-A) AND ALL FURTHER PROCEEDINGS THEREON PURSUANT TO THE COMPLAINT OF THE 2ND RESPONDENT (i.e. ANNEXURE-A1).
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard Shri K.Suman, learned Advocate for petitioner and Smt.K.P.Yshodha, learned HCGP for respondent-State.
2. Petitioner has challenged proceedings initiated against him for violation of Sections 506 & 504 of IPC. Learned advocate for the petitioner submits that the said offence is non-cognizable and the learned Magistrate has granted permission without applying his mind.
3. Learned HCGP has made available a requisition submitted by the Sub-Inspector of Police, Madiwala Police Station. A perusal of the said requisition shows that a seal has been affixed on the application which reads as ‘permitted’ and the learned Magistrate has signed at the designated place. No reasons are recorded for granting permission.
4. This Court has taken a consistent view that a mere endorsement made by the learned Magistrate as ‘permitted’ without recording reasons 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 Crime No.490/2018 pending on the file of III Additional CMM Court, Bangalore City are quashed so far as petitioner is concerned.
6. In view of disposal of this petition, I.A.No.1/19 does not survive of consideration and the same is also disposed of.
No costs.
Sd/- JUDGE Yn.