IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR CRIMINAL PETITION No.939/2019 BETWEEN 1. SRI SURESH H HOSAGOWDARA S/O HANUMANTHAPPA AGED ABOUT 29 YEARS R/AT THOTADA MANE NAGARALA BILAGI TLAUK, BAGALKOTE DISTRICT- 587 116.
2. SRI. AHMED SHARIEF @ GOLDAN SHARIEF S/O MOOSABBA AGED ABOUT 48 YEARS R/AT IMTHIYAZ MANJIL KARAMBARA, BAJAPE MANGALURU -575 002. ... PETITIONERS (BY SHRI VISHWAJITH SHETTY S, ADVOCATE) AND STATE OF KARNATAKA MANGALORE SOUTH POLICE STATION MANGALURU REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU 560 001. ... RESPONDENT (BY SMT.K.P.YASHODHA, HIGH COURT GOVERNMENT PLEADER) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CRIMINAL PROCEDURE CODE, 1973, PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.No.1125/2018 PENDING ON THE FILE OF THE JUDICIAL MAGISTRATE FIRST CLASS II COURT, MANGALURU.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard Shri Vishwajith Shetty S., learned Advocate for petitioners and Smt. K.P. Yashodha, learned High Court Government Pleader for the respondent-State.
2. Petitioners have challenged proceedings initiated against them for the offences punishable under Sections 109, 506, 507, 170 read with Section 34 of the Indian Penal Code, 1860.
3. Shri Vishwajith Shetty submits that the said offences are non-cognizable and the learned Magistrate has granted permission without applying his mind.
4. Learned High Court Government Pleader has made available a copy of requisition submitted by the Station House Officer, South Police Station, Pandeshwara, Mangaluru-1. A perusal of the said requisition shows that the learned Magistrate has merely endorsed as ‘permitted to investigate’. No reasons are recorded for granting permission.
5. 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)].
6. In the circumstances, this petition merits consideration and it is accordingly allowed. All proceedings in C.C.No.1125/2018 (Crime No.253/2016) pending on the file of Judicial Magistrate First Class - III, Mangaluru, are quashed.
7. In view of disposal of this petition, I.A. No.1/19 does not survive for consideration and the same stands disposed of.
No costs.
Sd/- JUDGE sma