Karnataka High Court
Ratnavva W/O. Ramappa Talewad vs The State Of Karnataka on 1 August, 2023
Bench: M.Nagaprasannapresided Bymnpj
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NC: 2023:KHC-D:8051
CRL.P No. 101490 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 1ST DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 101490 OF 2023
BETWEEN:
RATNAVVA W/O. RAMAPPA TALEWAD,
AGE. 55 YEARS, OCC. POLITICIANS,
R/O. JAMBAGI KD VILLAGE,
TAL. MUDHOL, DIST. BAGALKOT.
... PETITIONER
(BY SRI. SRINIVAS B NAIK, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA, DHARWAD BENCH,
THROUGH LOKAPUR POLICE STATION,
VISHAL DIST. BAGALKOT-580011.
NINGAPPA ... RESPONDENT
PATTIHAL (BY SRI. V S KALASURMATH, HCGP)
Digitally signed by
VISHAL NINGAPPA THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.
PATTIHAL
Date: 2023.08.04 SEEKING TO QUASH THE CHARGE SHEET IN CC NO. 1671/2016 ON
10:53:12 +0530
THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC COURT, MUDHOL
(CRIME NO. 51/2016 REGISTERED FOR THE OFFENCES P/U/SEC.
171H OF IPC IN SO FAR AS THE ACCUSED NO.1/PETITIONER IS
CONCERNED.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
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CRL.P No. 101490 of 2023
ORDER
The petitioner is before this Court calling in question
proceedings in C.C. No.1671/2016 which arouse out of
Crime No.51/2016 for the offence punishable under
Section 171H of the IPC.
2. Heard the learned counsel for the parties.
3. It is the case of the prosecution that in the
elections conducted in the year 2016 to the Zilla
Panchayat for Hebbal Gram Panchayat. A complaint comes
to be registered by one Shrikant, a Forest Officer on the
score that pamphlets were stored in a vehicle and the
vehicle was intercepted and comes to know that it was
belonging to the petitioner. On the said incident, a crime is
sought to be registered in Crime No.51/2016 for the
offence punishable under Section 171H of IPC. It is not in
dispute that Section 171H of IPC is a non-cognizable
offence and for registering a non-cognizable offence,
permission of the learned Magistrate is imperative as
obtaining under Section 155(2) of Cr.P.C. It is an admitted
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CRL.P No. 101490 of 2023
fact in the case of hand that no such permission is even
sought for by the prosecution prior to registration of the
crime for registering the crime. In the light of the issue
cutting at the root of the matter i.e., a crime itself could
not have been registered without the permission in the
light of the express bar under Section 155(2) of Cr.P.C.
Though the petition is filed after inordinate delay of six
years, the issue being covered by lateral judgments of this
Court which have all quashed such proceedings instituted
without the express permission of the learned Magistrate
as it is contrary to Section 155(2) of Cr.P.C. I deem it
appropriate to entertain the petition and obliterate the
proceedings against the petitioner.
4. For the aforesaid reasons, the following:
ORDER
Petition is allowed.
The charge sheet in C.C. No.1671/2016 on the file of
the Prl. Civil Judge and JMFC Court, Mudhol (Crime
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CRL.P No. 101490 of 2023
No.51/2016) insofar as petitioner - accused No.1 is
concerned is hereby quashed.
Sd/-
JUDGE
Rsh/Ct:Bck
