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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 14th DAY OF JULY, 2017

BEFORE

THE HON’BLE MR.JUSTICE ARAVIND KUMAR

CRIMINAL PETITION NO.4578/2017

BETWEEN:

1 MAHESHA C.K.
S/O KALYANAPPA
AGED ABOUT 36 YEARS
R/O HARIYAPPA BEEDI
CHIKKAMGALURU CITY
CHIKKAMAGALURU – 577 101

2 RAJU K.M.
S/O MALLESHAPPA
AGED ABOUT 33 YEARS
R/O KUPPENAHALLI VILLAGE
CHIKKAMAGALURU TALUK
CHIKKAMAGALURU 577 101
... PETITIONERS

(BY SRI GIRISH B BALADARE. ADVOCATE)

AND:

THE STATE OF KARNATAKA

THE SUB INSPECTOR
MALLANDURU POLICE STATION
CHIKKAMAGALUR
REP BY PUBLIC PROSECUTOR
HIGH COURT BUILDING
BANGALORE 560 001 ... RESPONDENT

(BY SRI SANDESH CHOWTA, SPP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION

482 CR..P.C. PRAYING TO QUASH CHARGE SHEET FILED
AGAINST PETITIONERS IN CR.NO.71/2016 BY THE
MALLANDURU POLICE AT CHIKKAMAGALURU FOR THE
OFFENCE PUNISHABLE UNDER SECTION 80 OF
KARNATAKA POLICE ACT PENDING ON THE FILE OF
ADDL.SENIOR CIVIL JUDGE & JMFC, CHIKKAMAGALURU
IN C.C.NO.1109/2016.

THIS CRIMINAL PETITION COMING ON FOR

ADMISSION THIS DAY, THE COURT MADE THE
FOLLOWING:

ORDER

Petitioners herein have been arraigned as accused

Nos.5 & 9 in Crime No.71/2016 by Mallanduru Police

for the offence punishable under Section 80 of the

Karnataka Police Act, 1963.

2. Heard Sri Girish B.Baladare, learned

Advocate appearing for petitioners and Sri Sandesh

Chowta, learned SPP who has been directed to take

notice for respondent.

3. Case papers do not disclose that before raid

came to be conducted, permission from the

jurisdictional Magistrate had been obtained. Offence

being non-cognizable in nature, Investigating Officer

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was required to obtain permission from the

jurisdictional Magistrate as per the procedure

contemplated under Section 155(2) Cr.P.C. On account

of said mandatory procedure not being followed,

prosecution cannot be continued. Undisputedly, same

is not followed in the instant case and it vitiates the

entire proceedings.

4. Time and again, this Court in similar

circumstances, has held that prosecution initiated in

violation of Section 155(2) Cr.P.C. is illegal and amounts

to abuse of process of law. In respect of the very same

crime number, other accused persons who had

approached this Court in Criminal Petition No.

9413/2016 had the benefit of proceedings against them

being quashed.

In the circumstances stated above, I proceed to

pass the following:

ORDER

(i) Criminal petition is hereby allowed.

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(ii) Proceedings in C.C.NO.1109/2016 (Crime

No.71/2016) pending on the file of

Addl.Senior Civil Judge & JMFC,

Chikkamagaluru stands quashed.

(iii) Seized amount and articles are ordered to be

returned to the petitioners-accused Nos.5

and 9.

In view of disposal of this petition, I.A.1/2017 for

stay does not survive for consideration. accordingly, it

is hereby rejected.

SD/-
JUDGE

*sp