IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY 2019 BEFORE THE HON'BLE Mr.JUSTICE P.S.DINESH KUMAR CRIMINAL PETITION NO.4036 OF 2019 BETWEEN:
1. SUDARSHAN S/O. GANESH MENDON AGED ABOUT 30 YEARS R/AT. GANESH KRUPA, KUKKIKATTE INDIRANAGAR, 76 BADAGUBETTU UDUPI DISTRICT – 576 107 2. ANIL KOTIAN S/O. RAMA THINGALAYA AGED ABOUT 39 YEARS R/AT. 7-53 M86 SRI RAM PRASAD, NITTURU PUTTUR VILLAGE UDUPI TALUK UDUPI DISTRICT – 576 105 3. RAVI AMIN S/O. MANJAPPA KOTIAN AGED ABOUT 58 YEARS R/AT.GURU NANDAN NEAR KANANGI TEMPLE KUTPADY POST UDUPI TALUK UDUPI DISTRICT – 576 103 4. GILBERT NORONHA S/O. DOMINIC NORONHA AGED ABOUT 55 YEARS R/AT. H.NO.490, NEAR ESHWAR TEMPLE PADUBELLE, BELLE VILLAGE UDUPI DISTRICT – 576 120 5. MOHAMMED M S/O. MOIDEEN SAHEB AGED ABOUT 67 YEARS R/AT. NEAR URDU SCHOOL, KAPU KOPPANANGADI, KAPU UDUPI TALUK UDUPI DISTRICT – 576 122 6. CHANDRASHEKAR S/O. MUDDANNA SHETTY AGED ABOUT 70 YEARS R/AT. SHANKAR NILAYA GAJANANA ROAD KEMMANNU POST, KEMMANNU UDUPI DISTRICT – 576 115 7. RAVI SHANKAR PRABHU S/O. K.PADMANABHA PRABHU AGED ABOUT 50 YEARS R/AT. FLAT NO.101, NAVAMI APARTMENTS, KODIKAL MANGALORE MANGALURU CITY MANGALURU – 575013 8. SATHOSH DAIS S/O. VIGNESIAS DAIS AGED ABOUT 38 YEARS R/AT. FLAT NO.309 SAI RADHA APARTMENTS KOLAMBE, UDUPI UDUPI DISTRICT – 576 101 9. FRANCIUM MANTHERA S/O. DANIS MANTHERA AGED ABOUT 59 YEARS R/AT. KAMALA COMPOUND KULAYI POST, MANGALORE MANGALURU 575019 10. DAYANANDA S/O. KRISHNAPPA KARKERA AGED ABOUT 59 YEARS R/AT. KANCHANASHRI NEAR PANDARINATH BHAJANA MANDIR THOTTAM MALPE UDUPI – 576 108 11. CHANDRAHASA D JATTANNA S/O. DEJU POOJARY AGED ABOUT 33 YEARS R/AT. 6-118H2 NEAR ABHARANA SHOWROOM HANUMANTH NAGAR PUTTUR UDUPI – 576 105 12. SATHISH SHETTY S/O. MADHAVA SHETTY AGED ABOUT 53 YEARS R/AT. VIJETHA, NEAR KADEKAR PANCHAYATH, KADEKAR VILLAGE, UDUPI – 576 103 13. VIVEK KUNDER S/O. SHANKAR KUNDER AGED ABOUT 38 YEARS R/AT. PUSHPA NILAYA NEAR ESHWAR TEMPLE BAPU THOTA, MALPE UDUPI – 576 108 14. CHANDRASHEKAR S/O. RAMA S.SALIAN AGED ABOUT 43 YEARS R/AT. SAMPATH NEAR PANDARINATH BHAJANA MANDIR BADA NIDIYOORU VILLAGE UDUPI – 576 101 15. HARISHCHANDRA S/O. KURIMILA AGED ABOUT 38 YEARS R/AT.7-158, LABOUR COLONY NEAR BALIGA MACHINE WORKS KANNARPADY, KADEKAR VILLAGE UDUPI 576 103 16. LEELADHAR KAUP S/O. SUNDAR SHERIGAR AGED ABOUT 35 YEARS R/AT. NEAR JANARDHAN TEMPLE KAUP POST UDUPI – 576 122 17. SHASHIDHAR SALIAN S/O. MADHAVA SALIAN AGED ABOUT 46 YEARS R/AT. JYOTHI NIVASA NEAR BALANJANEYA POOJA POOJA MANDIR KIDIYOOR PADUKERE UDUPI – 576 221 18. NARAYAN SALIAN S/O. GURUVAPPA BANGERA AGED ABOUT 45 YEARS R/AT. FLAT NO.103, A BLOCK, 1ST FLOOR SHANTHI GARDEN KAUP, UDUPI – 576 122 19. ACHCHUTH ACHARY S/O. VASU ACHARY AGED ABOUT 36 YEARS R/AT. NEAR KARANDADI SCHOOL MAJOOR POST & VILLAGE UDUPI – 576 108 20. SHARATH DEVADAS S/O. K.K. SALIAN AGED ABOUT 33 YEARS R/AT. NEAR CORNETTO CANING FACTORY MALPE POST UDUPI – 576 108 21. SATHISH SHETTY S/O. SADANANDA SHETTY AGED ABOUT 38 YEARS R/AT. LAXMI NIVASA NEAR NEHRU HIGH SCHOOL ALEVOORU VILLAGE UDUPI – 576 118 …PETITIONERS (BY SHRI NISHIT KUMAR SHETTY, ADVOCATE) AND:
THE STATE OF KARNATAKA BY UDUPI TOWN POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE – 560 001 … RESPONDENT (BY SHRI NASRULLA KHAN, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.282/2019 (CRIME NO.125/2018) OF UDUPI TOWN P.S., PENDING ON THE FILE OF THE 1ST ADDITIONAL CIVIL JUDGE JR.D.N AND JMFC, COURT, UDUPI FOR THE OFFENCE P/U/S 79 AND 80 OF KARNATAKA POLICE ACT.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Shri Nasrulla Khan, learned HCGP accepts notice for respondent.
Heard Shri Nishit Kumar Shetty., learned Advocate for petitioners and Shri Nasrulla Khan, learned HCGP for respondent-State.
2. Petitioners have challenged proceedings initiated against them for violation of Sections 79 and 80 of Karnataka Police Act alleging that they were involved in playing ‘Andar Bahar’.
3. Shri Nishit Kumar Sheety, submits that the said offence is non-cognizable and the learned Magistrate has granted permission without applying his mind.
4. Learned HCGP has made available a copy of requisition submitted by the Sub-Inspector of Udupi Town Police Station, Udupi District. 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. All proceedings in C.C.No.282/2019 (Crime No.125/2018) of Udupi Town Police Station, pending on the file of 1st Additional Civil Judge (Jr.Dn.) and J.M.F.C. Court, Udupi are quashed so far as petitioners are concerned.
No costs.
Sd/-
JUDGE HJ