IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL 2017 BEFORE THE HON’BLE MR. JUSTICE ANAND BYRAREDDY CRIMINAL PETITION No.174 OF 2014 Between:
1.Susheela Sharma, 54 years, D/o.Rukmananda Sharma, Occ:Agriculturist, R/at No.166, 15th Cross, Malgala Village, Nagarabhavi II Stage, Yeshwanthpura Hobli, Bangalore-72.
2.Sunitha Sharma, 30 years, D/o.Susheela Sharma, Occ:Agriculturist and household work, R/ at No.166, 15th Cross, Malgala Village, Nagarabhavi II Stage, Yeshwanthpura Hobli, Bangalore-72. …Petitioners (By Smt. Rashmi Jadhav, Advocate) And:
1.The State of Karnataka Represented by Cubbonpark Police Station, Bangalore-560 001 Represented by the Special Public Prosecutor, High Court of Karnataka, High Court Buildings, Bangalore-560 001.
2.Sanjeev Singh, s/o.M.N. Singh Major, R/at No.”G”-16, Golden Orchid, Lavelle Road, Bangalore-560 001 … Respondents (By Sri. Sandesh J. Chouta, SPP-II for R-1 Sri.D.S. Jayaraj, Advocate for R-2) ---
This Criminal Petition is filed under Section 482 of Cr.P.C. praying to set aside the order dated 21.6.2010 passed by the VIII ACMM., Bangalore City, in C.C.No.27599/2010 thereby taking congnizance of the offences punishable under Section 323 and 506 read with 34 of IPC and consequently the entire proceedings thereon insofar as it relates to the petitioners in the above case.
This Petition coming on for admission this day, the Court made the following:-
O R D E R Heard the learned counsel for the petitioner and the learned State Public Prosecutor.
2. The present petition is filed on a solitary ground that the complaint was lodged by the second respondent on 20.2.2010 for offences punishable under Sections 506, 323 read with Section 34 of IPC. The police are said to have taken up investigation after seeking for a direction from the Commissioner of Police to take action against the petitioner. It is by virtue of such permission granted that the police have proceeded to take action against the petitioner without obtaining the permission of the learned Magistrate. It is this, which is sought to be questioned in this petition.
3. On a point of law, there is no dispute that there is violation of Section 155(2), which the learned SPP fairly concedes. Consequently, the proceedings are held to be vitiated.
4. The petition is summarily allowed and the case pending in C.C.No.27599/10 before the VIII Additional Chief Metropolitan Magistrate, Bengaluru City is hereby quashed.
Sd/- JUDGE *alb/-.