Mr. Kumar vs State Of Karnataka
2022 Latest Caselaw 7700 Kant

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 30th DAY OF MAY, 2022

                          BEFORE

       THE HON'BLE MR. JUSTICE M. NAGAPRASANNA

            CRIMINAL PETITION No.968 of 2022

BETWEEN

MR. KUMAR,
S/O LATE MUNINARAYANAPPA,
AGED ABOUT 39 YEARS,
R/AT ASHWINI LAYOUT,
WARD NO.7, CHINTAMANI TOWN,
CHICKBALLAPUR DISTRICT - 563 125.
                                               ...PETITIONER

(BY SRI RAJESHA SHETTIGAR, ADVOCATE)

AND

1.    STATE OF KARNATAKA,
      CHINTAMANI TOWN POLICE STATION,
      CHINTAMANI SUB DIVISION CIRCLE,
      CHICKBALLAPUR - 563 124.
      REPRESENTED BY SPP
      HIGH COURT OF KARNATAKA,
      BANGALORE - 560 001.

2.    MR. K.N. ANIL KUMAR,
      S/O NARAYANASWAMY,
      AGED ABOUT 28 YEARS,
      R/AT POWRAKARAMIKARA BADAVANE,
      CHINTAMANI TOWN,
      CHICKBALLAPUR DISTRICT - 563 125.
                                          ...RESPONDENTS
(BY SRI K.S. ABHIJITH, HCGP FOR R1.
R2 SERVED)
                                2


     THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C. PRAYING TO QUASH THE FIR IN CR.NO.39/2021
REGISTERED BY THE FIRST RESPONDENT POLICE PENDING ON
THE FILE OF THE PRL.CIVIL JUDGE (SR.DN) AND J.M.F.C
CHINTHAMANI FOR THE OFFENCE PUNISHABLE UNDER
SECTION 504 OF IPC VIDE ANNEXURE - A.

      THIS CRIMINAL PETITION COMING ON FOR ADMISSION
THIS DAY, THE COURT MADE THE FOLLOWING:

                            ORDER

The petitioner is before this Court calling in question

proceedings in Crime No.39/2021 for an offence

punishable under Section 504 of IPC.

2. In terms of Section 155(2) of Cr.P.C., permission of

learned Magistrate, prior to registration of crime and

investigation, is mandatory.

3. Learned High Court Government Pleader places on

record the intimation sent to learned Magistrate and the

order passed thereon, which reads as follows;

"INTIMATION You are hereby directed to investigate the matter and submit your final report in the above case.

Dated this 23rd day of March-2021."

It is such orders passed by the learned Magistrate which

bears no application of mind is being found fault with by

this Court in plethora of judgments, one such judgment is

reported in ILR 2020 Kar 630 (Vaggeppa Gurulinga

Jangaligi vs. The State Of Karnataka).

4. In the light of the issue covered by the aforesaid

judgment and such orders of learned Magistrate being

found fault with, petition is allowed. Accordingly,

proceedings against the petitioner in Crime No.39/2021

stand quashed.

Sd/-

JUDGE

mv