IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.1590 OF 2018 BETWEEN:
SRI UDAYA S/O BHASKAR ANCHAN AGED ABOUT 30 YEARS R/AT BALLALBAGH MANGALURU – 575 003 … PETITIONER (BY SMT. HALEEMA AMEEN, ADVOCATE FOR SHRI. S. VISHWAJITH SHETTY, ADVOCATE) AND:
STATE OF KARNATAKA REPRESENTED BY BARKE POLICE STATION MANGALURU CIRCLE MANGALURU REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU ... RESPONDENT (BY SHRI NASRULLA KHAN, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.4011/2014 (CR.NO.54/2014) REGISTERED BY THE BARKE POLICE STATION, MANGALURU CIRCLE, MANGALURU AGAINST THE PETITIONER AND OTHERS FOR THE OFFENCE P/U/S 78(C) OF KARNATAKA POLICE ACT.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner is accused No.4 in C.C.No.4011/2014 pending on the file of JMFC III Court, Mangalore.
2. Smt. Haleema Ameen, learned advocate for the petitioner submits that the police have registered FIR No.54/2014 on 20.05.2014 in Barke Police Station for non-cognizable offence punishable under Section 78(c) of Karnataka Police Act, 1963. 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.4011/2014 pending on the file of JMFC III Court, Mangalore, are quashed, so far as petitioner is concerned.
6. In view of disposal of this petition, I.A.No.1/2018 does not survive for consideration and the same stands disposed of .
No costs.
Sd/- JUDGE AV