IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.2626 OF 2019 BETWEEN:
1. SRI. VASANTH S/O K.J. POOVAIAH AGED ABOUT 58 YEARS R/A NO.38, 2ND FLOOR 14TH MAIN ROAD, 7TH CROSS VASANTHNAGAR BENGALURU CITY-560 001 2. SRI. SUBBAIAH S/O K.M. NANJAPPA AGED ABOUT 40 YEARS R/A NO.148, MUGUTAGIRI VILLAGE NEAR ST.ANTONIES CONVENT PONNAMPET POST KODAGU DISTRICT-571 216 3. SRI. BHARATH C.S S/O SAIRAM AGED ABOUT 43 YEARS R/A NO.12/1, 5TH MODEL HOME STREET NEAR NAGASANDRA CIRCLE BASAVANAGUDI BENGALURU CITY-560 004 PETITIONERS NO.2& 3 ARE OFFICE AT NO.38, 2ND FLOOR 14TH MAIN ROAD, 7TH CROSS VASANTHNAGAR, BENGALURU-01 4. SRI. KAVERAPPA P.M S/O P.B. MOTAIAH AGED ABOUT 29 YEARS R/A IGGODU VILLAGE MADAPURA POST SOMAVARPET TALUK KODAGU DISTRICT-571 236 5. C.A. GAGAN S/O LATE C.U. AUYAPPA AGED ABOUT 27 YEARS R/A KIRUDALE VILLAGE SHIRANGALLI POST SOMAVARAPET TALUK KODAGU DISTRICT-571 236 6. MONAPPA M.T S/O THIMMAIAH M.G AGED ABOUT 40 YEARS R/A MADAPURA POST SOMAVARPET TALUK KODAGU DISTRICT-571 236 7. RANJITH RAI S/O LATE CHANDRABAN RAI AGED ABOUT 40 YEARS R/AT BIDADI, MUTTAPPA HOUSE BENGALURU CITY-562 109 8. ALOK KUMAR SINGH S/O LATE PESHAKAR SINGH AGED ABOUT 39 YEARS R/A NO.7E, RAJMAHAL APARTMENT 9TH MAIN, RMV EXTENSION BENGALURU CITY-560 094 … PETITIONERS (BY SMT. M. SHASHIKALA, ADVOCATE A/W SHRI. S. BALAKRISHNAN, ADVOCATE) AND:
STATE OF KARNATAKA COTTONPET POLICE BENGALURU-560 053 REPRESENTED BY ITS SPP HIGH COURT OF KARNATAKA BENGALURU-560 001 ... RESPONDENT (BY SMT. K.P. YASHODHA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO SET ASIDE THE ORDER OF PERMITTING THE RESPONDENT POLICE TO REGISTER THE CASE BY ENTERING THE WORD “PERMITTED” DATED 21.10.2018 AND REGISTRATION OF CASE IN CR. NO.252/2018 FOR THE OFFENCE P/U/S 20, 4 OF THE PRIVATE SECURITY REGULATION ACT, ON THE FILE OF THE COTTONPETE POLICE STATION, BANGALORE.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard Smt. Shashikala, learned advocate for petitioners and Smt. K.P.Yashodha, learned HCGP for respondent-State.
2. Petitioners have challenged proceedings initiated against them for violation of Sections 4 & 20 of Private Security Agencies (Regulation) Act, 2005.
3. Learned advocate for the petitioners submits that the said offences are non-cognizable and the learned Magistrate has granted permission without applying his mind. She has made available a copy of requisition submitted by the Police Inspector of Cottonpet Police Station, Bengaluru.
4. A perusal of the said requisition shows that the learned Magistrate has endorsed as ‘permitted’. 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. Entire proceedings in Crime No.252/2018 (arising out of complaint dated 21.10.2018 and FIR dated 21.10.2018 registered in Cottonpet Police Station, Bengaluru) pending on the file of I ACMM, Bengaluru, are quashed so far as petitioners are concerned.
7. In view of disposal of the petition, I.A.No.1/2019 does not survive of consideration and the same stands disposed of.
No costs.
Sd/- JUDGE AV