Karnataka High Court
Mr. Sandeepa vs The State Of Karnataka on 31 March, 2023
Bench: K.Natarajan
-1-
CRL.P No. 1715 of 2023
C/W CRL.P No. 1283 of 2023
CRL.P No. 1289 of 2023
CRL.P No. 1667 of 2023
CRL.P No. 1714 of 2023
CRL.P No. 1716 of 2023
CRL.P No. 1717 of 2023
CRL.P No. 1943 of 2023
CRL.P No. 1973 of 2023
CRL.P No. 1981 of 2023
CRL.P.NO.2537 OF 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 1715 OF 2023
C/W
CRIMINAL PETITION NO. 1283 OF 2023
CRIMINAL PETITION NO. 1289 OF 2023
CRIMINAL PETITION NO. 1667 OF 2023
CRIMINAL PETITION NO. 1714 OF 2023
CRIMINAL PETITION NO. 1716 OF 2023
CRIMINAL PETITION NO. 1717 OF 2023
Digitally CRIMINAL PETITION NO. 1943 OF 2023
signed by
SHOBHA C CRIMINAL PETITION NO. 1973 OF 2023
Location:
High Court of CRIMINAL PETITION NO. 1981 OF 2023
Karnataka
CRIMINAL PETITION NO.2537 OF 2023
IN CRL.P.NO.1715/2023
BETWEEN:
SANDEEP S C
S/O LATE CHANDRAPPA
AGED ABOUT 36 YEARS
R/O SUBBAIAH HOSPITAL
-2-
CRL.P No. 1715 of 2023
C/W CRL.P No. 1283 of 2023
CRL.P No. 1289 of 2023
CRL.P No. 1667 of 2023
CRL.P No. 1714 of 2023
CRL.P No. 1716 of 2023
CRL.P No. 1717 of 2023
CRL.P No. 1943 of 2023
CRL.P No. 1973 of 2023
CRL.P No. 1981 of 2023
CRL.P.NO.2537 OF 2023
OPPOSITE LAKAMMA COMPOUND
JAIL ROAD
SHIVAMOGGA-577201
...PETITIONER
(BY SRI. VENKATESH SOMAREDDI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
RURAL POLICE STATION
SHIVAMOGGA
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
BENGALURU-560001
2. MR KUMARSWAMY
AGED MAJOR
FATHER NAME NOT KNOWN
POLICE INSPECTOR
DCIB
SHIVAMOGGA-577201
...RESPONDENTS
(BY SRI.B.J.ROHIT, HCGP FOR R.1 AND R.2)
THE CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE
FOR THE PETITIONER PRAYING THAT THIS HONOURABLE
COURT MAY BE PLEASED TO QUASH THE CRIMINAL CASE IN
-3-
CRL.P No. 1715 of 2023
C/W CRL.P No. 1283 of 2023
CRL.P No. 1289 of 2023
CRL.P No. 1667 of 2023
CRL.P No. 1714 of 2023
CRL.P No. 1716 of 2023
CRL.P No. 1717 of 2023
CRL.P No. 1943 of 2023
CRL.P No. 1973 of 2023
CRL.P No. 1981 of 2023
CRL.P.NO.2537 OF 2023
C.C.NO.1025/2019 ARISING OUT OF CR.NO.219/2019 OF
RURAL POLICE STATION, SHIVAMOGGA PENDING ON THE
FILE OF THE COURT OF JMFC III AT SHIVAMOGGA FOR THE
OFFENCE P/U/S.78(3) OF KARNATAKA POLICE ACT, 1963 IN
SO FAR AS THE PETITIONER IS CONCERNED AND ETC.
IN CRL.P.NO.1283/2023
BETWEEN:
MR. SANDEEPA
S/O LATE CHANDRAPPA
AGED ABOUT 36 YEARS
R/O HOSAMANE SHIVAMOGGA
SHIVAMOGGA-577201
...PETITIONER
(BY SRI. VENKATESH SOMAREDDI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
VINOBA NAGAR POLICE STATION
SHIVAMOGGA
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
BENGALURU-560001
-4-
CRL.P No. 1715 of 2023
C/W CRL.P No. 1283 of 2023
CRL.P No. 1289 of 2023
CRL.P No. 1667 of 2023
CRL.P No. 1714 of 2023
CRL.P No. 1716 of 2023
CRL.P No. 1717 of 2023
CRL.P No. 1943 of 2023
CRL.P No. 1973 of 2023
CRL.P No. 1981 of 2023
CRL.P.NO.2537 OF 2023
2. MR. RAVI NS CPI
POLICE OFFICER
AGED MAJOR
FATHER NAME NOT KNOWN
VINOBA NAGAR POLICE STATION
SHIVAMOGGA - 577201
...RESPONDENTS
(BY SRI.B.J.ROHIT, HCGP FOR R.1 AND R.2)
THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE
FOR THE PETITIONER PRAYING THAT THIS HONOURABLE
COURT MAY BE PLEASED TO QUASH THE CRIMINAL CASE IN
C.C.NO.620/2022 ARISING OUT OF CR.NO.72/2022 OF
VINOBANAGAR POLICE STATION PENDING ON THE FILE OF
THE JMFC III AT SHIVAMOGGA FOR THE OFFENCE
P/U/S.78(3) OF KARNATAKA POLICE AMENDMENT ACT, 2021
IN SO FAR AS THE PETITIONER IS CONCERNED AND ETC.
IN CRL.P.NO.1289/2023
BETWEEN:
MR. SANDEEPA
S/O LATE CHANDRAPPA
AGED ABOUT 37 YEARS
R/O BESIDE SUBBAIAH
HOSPITAL JAIL ROAD
-5-
CRL.P No. 1715 of 2023
C/W CRL.P No. 1283 of 2023
CRL.P No. 1289 of 2023
CRL.P No. 1667 of 2023
CRL.P No. 1714 of 2023
CRL.P No. 1716 of 2023
CRL.P No. 1717 of 2023
CRL.P No. 1943 of 2023
CRL.P No. 1973 of 2023
CRL.P No. 1981 of 2023
CRL.P.NO.2537 OF 2023
SHIVAMOGGA CITY
SHIVAMOGGA-577201
...PETITIONER
(BY SRI. VENKATESH SOMAREDDI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
SHIVAMOGGA RURAL POLICE STATION
SHIVAMOGGA
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
BENGALURU-560001
2. MR. J R MIRANDA PSI
AGED MAJOR
FATHER NAME NOT KNOWN
SHIVAMOGGA RURAL POLICE STATION
SHIVAMOGGA - 577201
...RESPONDENTS
(BY SRI.B.J.ROHIT, HCGP FOR R.1 AND R.2)
THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE
FOR THE PETITIONER PRAYING THAT THIS HONOURABLE
COURT MAY BE PLEASED TO QUASH THE CRIMINAL CASE IN
C.C.NO.579/2022 ARISING OUT OF CR.NO.99/2022 OF
SHIVAMOGGA RURAL POLICE STATION PENDING ON THE
-6-
CRL.P No. 1715 of 2023
C/W CRL.P No. 1283 of 2023
CRL.P No. 1289 of 2023
CRL.P No. 1667 of 2023
CRL.P No. 1714 of 2023
CRL.P No. 1716 of 2023
CRL.P No. 1717 of 2023
CRL.P No. 1943 of 2023
CRL.P No. 1973 of 2023
CRL.P No. 1981 of 2023
CRL.P.NO.2537 OF 2023
FILE OF THE COURT OF JMFC III AT SHIVAMOGGA FOR THE
OFFENCE P/U/S.78(3) OF KARNATAKA POLICE AMENDMENT
ACT, 2021 IN SO FAR AS THE PETITIONER IS CONCERNED
AND ETC.
IN CRL.P.NO.1667/2023
BETWEEN:
SANDEEPA S.C.
S/O LATE CHANDRAPPA
AGED ABOUT 36 YEARS
R/O SUBBAYYA HOSPITAL BACK SIDE
JAIL ROAD, SHIVAMOGGA
SHIVAMOGGA-577201
...PETITIONER
(BY SRI. VENKATESH SOMAREDDI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
KUMSI POLICE STATION
SHIVAMOGGA
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
BENGALURU-560001
-7-
CRL.P No. 1715 of 2023
C/W CRL.P No. 1283 of 2023
CRL.P No. 1289 of 2023
CRL.P No. 1667 of 2023
CRL.P No. 1714 of 2023
CRL.P No. 1716 of 2023
CRL.P No. 1717 of 2023
CRL.P No. 1943 of 2023
CRL.P No. 1973 of 2023
CRL.P No. 1981 of 2023
CRL.P.NO.2537 OF 2023
2. MR. NAVEEN KUMAR
AGED MAJOR
FATHER NAME NOT KNOWN
PSI
MATHAPATI POLICE STATION
SHIVAMOGGA - 577201
...RESPONDENTS
(BY SRI.B.J.ROHIT, HCGP FOR R.1 AND R.2)
THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE
FOR THE PETITIONER PRAYING THAT THIS HONOURABLE
COURT MAY BE PLEASED TO QUASH THE CRIMINAL CASE IN
C.C.NO.974/2020 ARISING OUT OF CR.NO.148/2020 OF KUMSI
POLICE STATION PENDING ON THE FILE OF ADDITIONAL
CIVIL JUDGE (JR. DN.) AND JMFC - II, SHIVAMOGGA FOR THE
OFFENCE P/U/S.78(3) OF KARNATAKA POLICE ACT, IN SO
FAR AS THE PETITIONER IS CONCERNED AND ETC.
IN CRL.P.NO.1714/2023
BETWEEN:
SANDEEP S C
S/O LATE CHANDRAPPA
AGED ABOUT 36 YEARS
R/O SUBBAIAH HOSPITAL
-8-
CRL.P No. 1715 of 2023
C/W CRL.P No. 1283 of 2023
CRL.P No. 1289 of 2023
CRL.P No. 1667 of 2023
CRL.P No. 1714 of 2023
CRL.P No. 1716 of 2023
CRL.P No. 1717 of 2023
CRL.P No. 1943 of 2023
CRL.P No. 1973 of 2023
CRL.P No. 1981 of 2023
CRL.P.NO.2537 OF 2023
OPPOSITE LAKKAMMA COMPOUND
JAIL ROAD
SHIVAMOGGA-577201
...PETITIONER
(BY SRI. VENKATESH SOMAREDDI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
VINOBA NAGARA POLICE STATION
SHIVAMOGGA
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
BENGALURU-560001
2. MR. MANJUNATH B V
AGED MAJOR
FATHER NAME NOT KNOWN
CHC 351
IGP OFFICE
SHIVAMOGGA - 577201
...RESPONDENTS
(BY SRI.B.J.ROHIT, HCGP FOR R.1 AND R.2 / STATE)
THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE
FOR THE PETITIONER PRAYING THAT THIS HONOURABLE
COURT MAY BE PLEASED TO QUASH THE CRIMINAL CASE IN
-9-
CRL.P No. 1715 of 2023
C/W CRL.P No. 1283 of 2023
CRL.P No. 1289 of 2023
CRL.P No. 1667 of 2023
CRL.P No. 1714 of 2023
CRL.P No. 1716 of 2023
CRL.P No. 1717 of 2023
CRL.P No. 1943 of 2023
CRL.P No. 1973 of 2023
CRL.P No. 1981 of 2023
CRL.P.NO.2537 OF 2023
C.C.NO.236/2020 ARISING OUT OF CR.NO.85/2020 OF
VINOBANAGAR POLICE STATION, SHIVAMOGGA PENDING
ON THE FILE OF THE JMFC III AT SHIVAMOGGA FOR THE
OFFENCE P/U/S.78(3) OF KARNATAKA POLICE ACT, 1963 IN
SO FAR AS THE PETITIONER IS CONCERNED AND ETC.
IN CRL.P.NO.1716/2023
BETWEEN:
SANDEEP S C
S/O LATE CHANDRAPPA
AGED ABOUT 36 YEARS
R/O SUBBAIAH HOSPITAL
OPPOSITE LAKKAMMA COMPOUND
JAIL ROAD
SHIVAMOGGA-577201
...PETITIONER
(BY SRI. VENKATESH SOMAREDDI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
KUMSI POLICE STATION
SHIVAMOGGA
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
BENGALURU-560001
- 10 -
CRL.P No. 1715 of 2023
C/W CRL.P No. 1283 of 2023
CRL.P No. 1289 of 2023
CRL.P No. 1667 of 2023
CRL.P No. 1714 of 2023
CRL.P No. 1716 of 2023
CRL.P No. 1717 of 2023
CRL.P No. 1943 of 2023
CRL.P No. 1973 of 2023
CRL.P No. 1981 of 2023
CRL.P.NO.2537 OF 2023
2. MR. ABHAY PRAKASH SOMANAL CPI
AGED MAJOR
FATHER NAME NOT KNOWN
CIRCLE POLICE INSPECTOR
SOMANAL POLICE STATION
SHIVAMOGGA - 577201
...RESPONDENTS
(BY SRI.B.J.ROHIT, HCGP FOR R.1 AND R.2/STATE)
THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE
FOR THE PETITIONER PRAYING THAT THIS HONOURABLE
COURT MAY BE PLEASED TO QUASH THE CRIMINAL CASE IN
C.C.NO.1740/2021 ARISING OUT OF CR.NO.227/2019 OF
KUMSI POLICE STATION PENDING ON THE FILE OF THE
COURT OF THE ADDITIONAL CIVIL JUDGE (JR. DN) AND JMFC
- II, SHIVAMOGGA FOR THE OFFENCE P/U/S.78(3) OF
KARNATAKA POLICE ACT AND SEC.420 OF IPC IN SO FAR AS
THE PETITIONER IS CONCERNED AND ETC.
IN CRL.P.NO.1717/2023
BETWEEN:
SANDEEP S C
S/O LATE CHANDRAPPA
- 11 -
CRL.P No. 1715 of 2023
C/W CRL.P No. 1283 of 2023
CRL.P No. 1289 of 2023
CRL.P No. 1667 of 2023
CRL.P No. 1714 of 2023
CRL.P No. 1716 of 2023
CRL.P No. 1717 of 2023
CRL.P No. 1943 of 2023
CRL.P No. 1973 of 2023
CRL.P No. 1981 of 2023
CRL.P.NO.2537 OF 2023
AGED ABOUT 36 YEARS
R/O SUBBAIAH HOSPITAL
OPPOSITE LAKKAMMA COMPOUND
JAIL ROAD
SHIVAMOGGA-577201
...PETITIONER
(BY SRI. VENKATESH SOMAREDDI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DODDAPETE POLICE STATION
SHIVAMOGGA
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
BENGALURU-560001
2. MR. HARISH K PATEL
AGED MAJOR
FATHER NAME NOT KNOWN
POLICE INSPECTOR
DODDAPETE POLICE STATION
SHIVAMOGGA - 577201
...RESPONDENTS
(BY SRI.B.J.ROHIT, HCGP FOR R.1 AND R.2/STATE)
THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE
FOR THE PETITIONER PRAYING THAT THIS HONOURABLE
- 12 -
CRL.P No. 1715 of 2023
C/W CRL.P No. 1283 of 2023
CRL.P No. 1289 of 2023
CRL.P No. 1667 of 2023
CRL.P No. 1714 of 2023
CRL.P No. 1716 of 2023
CRL.P No. 1717 of 2023
CRL.P No. 1943 of 2023
CRL.P No. 1973 of 2023
CRL.P No. 1981 of 2023
CRL.P.NO.2537 OF 2023
COURT MAY BE PLEASED TO QUASH THE CRIMINAL CASE IN
C.C.NO.27/2022 ARISING OUT OF CR.NO.243/2021 OF
DODDAPETE POLICE STATION PENDING ON THE FILE OF
THE COURT OF THE II-JMFC, SHIVAMOGGA FOR THE
OFFENCE P/U/S.78(3) OF KARNATAKA POLICE ACT IN SO FAR
AS THE PETITIONER IS CONCERNED AND ETC.
IN CRL.P.NO.1943/2023
BETWEEN:
SANDEEP S C
S/O LATE CHANDRAPPA
AGED ABOUT 36 YEARS
R/O SUBBAIAH HOSPITAL
OPPOSITE LAKKAMMA COMPOUND
JAIL ROAD
SHIVAMOGGA-577201
...PETITIONER
(BY SRI. VENKATESH SOMAREDDI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
RURAL POLICE STATION
SHIVAMOGGA
REPRESENTED BY SPP
- 13 -
CRL.P No. 1715 of 2023
C/W CRL.P No. 1283 of 2023
CRL.P No. 1289 of 2023
CRL.P No. 1667 of 2023
CRL.P No. 1714 of 2023
CRL.P No. 1716 of 2023
CRL.P No. 1717 of 2023
CRL.P No. 1943 of 2023
CRL.P No. 1973 of 2023
CRL.P No. 1981 of 2023
CRL.P.NO.2537 OF 2023
HIGH COURT OF KARNATAKA
BENGALURU-560001
2. MR. MANJAPPA KUPPELURU
AGED MAJOR
FATHER NAME NOT KNOWN
POLICE SUB INSPECTOR
RURAL POLICE STATION
SHIVAMOGGA - 577201
...RESPONDENTS
(BY SRI.B.J.ROHIT, HCGP FOR R.1 AND R.2 / STATE)
THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE
FOR THE PETITIONER PRAYING THAT THIS HONOURABLE
COURT MAY BE PLEASED TO QUASH THE CRIMINAL CASE IN
C.C.NO.595/2020 ARISING OUT OF CRIME NO.39/2020 OF
RURAL POLICE STATION, SHIVAMOGGA PENDING ON THE
FILE OF THE JMFC III AT SHIVAMOGGA FOR THE OFFENCE
P/U/S.78(3) OF KARNATAKA POLICE ACT, 1963 IN SO FAR AS
THE PETITIONER IS CONCERNED AND ETC.
IN CRL.P.NO.1973/2023
BETWEEN:
SANDEEPA
S/O LATE CHANDRAPPA
AGED ABOUT 36 YEARS
- 14 -
CRL.P No. 1715 of 2023
C/W CRL.P No. 1283 of 2023
CRL.P No. 1289 of 2023
CRL.P No. 1667 of 2023
CRL.P No. 1714 of 2023
CRL.P No. 1716 of 2023
CRL.P No. 1717 of 2023
CRL.P No. 1943 of 2023
CRL.P No. 1973 of 2023
CRL.P No. 1981 of 2023
CRL.P.NO.2537 OF 2023
R/AT OPP SUBBAYYA HOSPITAL
JAIL ROAD, SHIVAMOGGA TOWN
SHIVAMOGGA-577201
...PETITIONER
(BY SRI. VENKATESH SOMAREDDI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
CEN CRIME POLICE STATION
SHIVAMOGGA
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
BENGALURU-560001
2. MR. DEEPAK M S
AGED MAJOR
FATHER NAME NOT KNOWN
POLICE OFFICER
PI CEN CRIME POLICE STATION
SHIVAMOGGA - 577201
...RESPONDENTS
(BY SRI.B.J.ROHIT, HCGP FOR R.1 AND R.2/STATE)
THIS CRL.P IS FILED U/SEC.482 CR.P.C BY THE
ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
HONOURABLE COURT MAY BE PLEASED TO QUASH THE
CRIMINAL CASE IN C.C.NO.8/2023 ARISING OUT OF CRIME
- 15 -
CRL.P No. 1715 of 2023
C/W CRL.P No. 1283 of 2023
CRL.P No. 1289 of 2023
CRL.P No. 1667 of 2023
CRL.P No. 1714 of 2023
CRL.P No. 1716 of 2023
CRL.P No. 1717 of 2023
CRL.P No. 1943 of 2023
CRL.P No. 1973 of 2023
CRL.P No. 1981 of 2023
CRL.P.NO.2537 OF 2023
NO.91/2022 OF CRIME CEN POLICE STATION PENDING ON
THE FILE OF COURT OF PRL. SENIOR CIVIL JUDGE AND CJM
COURT AT SHIVAMOGGA FOR THE OFFENCE P/U/S 78(3) OF
KARNATAKA POLICE ACT, 1963 IN SO FAR AS THE
PETITIONER IS CONCERNED AND ETC.
IN CRL.P.NO.1981/2023
BETWEEN:
SANDEEP S C
S/O LATE CHANDRAPPA
AGED ABOUT 36 YEARS
R/O SUBBAIAH HOSPITAL
OPPOSITE LAKKAMMA COMPOUND
JAIL ROAD
SHIVAMOGGA-577201
...PETITIONER
(BY SRI. VENKATESH SOMAREDDI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DODDAPETE POLICE STATION
SHIVAMOGGA
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
BENGALURU-560001
- 16 -
CRL.P No. 1715 of 2023
C/W CRL.P No. 1283 of 2023
CRL.P No. 1289 of 2023
CRL.P No. 1667 of 2023
CRL.P No. 1714 of 2023
CRL.P No. 1716 of 2023
CRL.P No. 1717 of 2023
CRL.P No. 1943 of 2023
CRL.P No. 1973 of 2023
CRL.P No. 1981 of 2023
CRL.P.NO.2537 OF 2023
2. MR. HARISH K PATEL
AGED MAJOR
FATHER NAME NOT KNOWN
POLICE INSPECTOR
DODDAPETE POLICE STATION
SHIVAMOGGA - 577201
...RESPONDENTS
(BY SRI.B.J.ROHIT, HCGP FOR R.1 AND R.2/STATE)
THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE
FOR THE PETITIONER PRAYING THAT THIS HONOURABLE
COURT MAY BE PLEASED TO QUASH THE CRIMINAL CASE IN
C.C.NO.502/2022 ARISING OUT OF CRIME NO.48/2022 OF
DODDAPETE POLICE STATION PENDING ON THE FILE OF
COURT OF J.M.F.C II AT SHIVAMOGGA FOR THE OFFENCE
P/U/S.78(3) OF KARNATAKA POLICE ACT, 1963 IN SO FAR AS
THE PETITIONER IS CONCERNED AND ETC.
IN CRL.P.NO.2537/2023
BETWEEN:
SANDEEP S P
S/O LATE CHANDRAPPA
AGED ABOUT 36 YEARS
R/O SUBBAIAH HOSPITAL
OPPOSITE LAKKAMMA COMPOUND
- 17 -
CRL.P No. 1715 of 2023
C/W CRL.P No. 1283 of 2023
CRL.P No. 1289 of 2023
CRL.P No. 1667 of 2023
CRL.P No. 1714 of 2023
CRL.P No. 1716 of 2023
CRL.P No. 1717 of 2023
CRL.P No. 1943 of 2023
CRL.P No. 1973 of 2023
CRL.P No. 1981 of 2023
CRL.P.NO.2537 OF 2023
JAIL ROAD
SHIVAMOGGA-577201
...PETITIONER
(BY SRI. VENKATESH SOMAREDDI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
KOTE POLICE STATION
SHIVAMOGGA
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
BENGALURU-560001
2. MR.ANNAPPA
AGED MAJOR
FATHER NAME NOT KNOWN
HEAD CONSTABLE
KOTE POLICE STATION
SHIVAMOGGA - 577201
...RESPONDENTS
(BY SRI.B.J.ROHIT, HCGP FOR R.1 AND R.2/STATE)
THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE
FOR THE PETITIONER PRAYING THAT THIS HONOURABLE
COURT MAY BE PLEASED TO QUASH THE CRIMINAL CASE IN
C.C.NO.71/2023 ARISING OUT OF CRIME NO.156/2022 OF
- 18 -
CRL.P No. 1715 of 2023
C/W CRL.P No. 1283 of 2023
CRL.P No. 1289 of 2023
CRL.P No. 1667 of 2023
CRL.P No. 1714 of 2023
CRL.P No. 1716 of 2023
CRL.P No. 1717 of 2023
CRL.P No. 1943 of 2023
CRL.P No. 1973 of 2023
CRL.P No. 1981 of 2023
CRL.P.NO.2537 OF 2023
KOTE POLICE STATION PENDING ON THE FILE OF COURT OF
PRINCIPAL SENIOR CIVIL JUDGE AND C.J.M AT SHIVAMOGGA
FOR THE OFFENCE P/U/S.78(3) OF KARNATAKA POLICE ACT,
1963 IN SO FAR AS THE PETITIONER IS CONCERNED AND
ETC.
THESE PETITIONS, COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
These criminal petitions are filed by the
petitioner/accused under Section 482 of Cr.P.C for
quashing the following criminal proceedings, which read as
under;
i) The Criminal Petition No.1715/2023 is
filed by the petitioner - accused No.2 for
quashing the criminal proceedings in
C.C.No.1025/2019 arising out of Crime
No.219/2019 registered by the Rural
Police Station, Shivamogga on the file of
the JMFC III, Shivamogga.
- 19 -
CRL.P No. 1715 of 2023
C/W CRL.P No. 1283 of 2023
CRL.P No. 1289 of 2023
CRL.P No. 1667 of 2023
CRL.P No. 1714 of 2023
CRL.P No. 1716 of 2023
CRL.P No. 1717 of 2023
CRL.P No. 1943 of 2023
CRL.P No. 1973 of 2023
CRL.P No. 1981 of 2023
CRL.P.NO.2537 OF 2023
ii) The Criminal Petition No.1283/20223 is
filed by the petitioner - accused No.2 for
quashing the criminal proceedings in
C.C.No.620/2022 arising out of Crime
No.72/2022 registered by the Vinoba
Nagara Police Station on the file of the
JMFC III, Shivamogga.
iii) The Criminal Petition No.1289/2023 is
filed by the petitioner - accused No.2 for
quashing the criminal proceedings in
C.C.No.579/2022 arising out of Crime
No.99/2022 registered by the Shivamogga
Rural Police Station on the file of the JMFC
III, Shivamogga.
iv) The Criminal Petition No.1667/2023 is
filed by the petitioner - accused No.2 for
quashing the criminal proceedings in
C.C.No.974/2020 arising out of Crime
No.148/2020 registered by the II
- 20 -
CRL.P No. 1715 of 2023
C/W CRL.P No. 1283 of 2023
CRL.P No. 1289 of 2023
CRL.P No. 1667 of 2023
CRL.P No. 1714 of 2023
CRL.P No. 1716 of 2023
CRL.P No. 1717 of 2023
CRL.P No. 1943 of 2023
CRL.P No. 1973 of 2023
CRL.P No. 1981 of 2023
CRL.P.NO.2537 OF 2023
Additional Civil Judge and JMFC,
Shivamogga.
v) The Criminal Petition No.1714/2023 is
filed by the petitioner - accused No.2 for
quashing the criminal proceedings in
C.C.No.236/2020 arising out of Crime
No.85/2020 registered by the
Vinobanagar Police Station on the file of
JMFC III, Shivamogga.
vi) The Criminal Petition No.1716/2023 is
filed by the petitioner - accused No.3 for
quashing the criminal proceedings in
C.C.No.1740/2021 arising out of Crime
No.227/2019 registered by Kumsi Police
Station for the offence punishable under
Section 78(3) of the Karnataka Police Act
and Section 420 of IPC on the file of
Additional Civil Judge (Jr. Dn) and
JMFC-2, Shivamogga.
- 21 -
CRL.P No. 1715 of 2023
C/W CRL.P No. 1283 of 2023
CRL.P No. 1289 of 2023
CRL.P No. 1667 of 2023
CRL.P No. 1714 of 2023
CRL.P No. 1716 of 2023
CRL.P No. 1717 of 2023
CRL.P No. 1943 of 2023
CRL.P No. 1973 of 2023
CRL.P No. 1981 of 2023
CRL.P.NO.2537 OF 2023
vii) The Criminal Petition No.1717/2023 is
filed by the petitioner - accused No.2 for
quashing the criminal proceedings in
C.C.No.27/2020 arising out of Crime
No.343/2021 registered by the Doddapete
Police Station on the file of JMFC III,
Shivamogga.
viii) The Criminal Petition No.1943/2023 is
filed by the petitioner - accused No.2 for
quashing the criminal proceedings in
C.C.No.595/2020 arising out of Crime
No.39/2020 registered by the Rural Police
Station on the file of JMFC III,
Shivamogga.
ix) The Criminal Petition No.1973/2023 is
filed by the petitioner - accused No.4 for
quashing the criminal proceedings in
C.C.No.8/2023 arising out of Crime
No.91/2022 registered by the CEN Police
Station on the Prl. Sr. Civil Judge and
CJM, Shivamogga.
- 22 -
CRL.P No. 1715 of 2023
C/W CRL.P No. 1283 of 2023
CRL.P No. 1289 of 2023
CRL.P No. 1667 of 2023
CRL.P No. 1714 of 2023
CRL.P No. 1716 of 2023
CRL.P No. 1717 of 2023
CRL.P No. 1943 of 2023
CRL.P No. 1973 of 2023
CRL.P No. 1981 of 2023
CRL.P.NO.2537 OF 2023
x) The Criminal Petition No.1981/2023 is
filed by the petitioner - accused No.3 for
quashing the criminal proceedings in
C.C.No.502/2022 arising out of Crime
No.48/2022 registered by the Doddapete
Police Station on the file JMFC II,
Shivamogga.
xi) The Criminal Petition No.2537/2023 is
filed by the petitioner - accused No.2 for
quashing the criminal proceedings in
C.C.No.71/2023 arising out of Crime
No.156/2022 registered by the Kote Police
Station on the file of the Principal Senior
Civil Judge and JMFC, Shivamogga.
2. Learned counsel for the petitioner has strenuously
contended that the police have, without obtaining the
proper permission under Section 155(2) of Cr.P.C by
referring the requisition submitted by the informant to the
Jurisdictional Magistrate, registered the FIR. In some other
- 23 -
CRL.P No. 1715 of 2023
C/W CRL.P No. 1283 of 2023
CRL.P No. 1289 of 2023
CRL.P No. 1667 of 2023
CRL.P No. 1714 of 2023
CRL.P No. 1716 of 2023
CRL.P No. 1717 of 2023
CRL.P No. 1943 of 2023
CRL.P No. 1973 of 2023
CRL.P No. 1981 of 2023
CRL.P.NO.2537 OF 2023
cases, the Court permission is not obtained by the police
for registering the FIR but the police have directly
registered the FIR. In one case, the police to avoid the
permission, they directly added the offence punishable
under Section 420 of IPC along with Section 78(3) of
Karnataka Police Act. In all these case, the permission has
not been obtained properly by the police and therefore,
the petitioner's counsel prays for quashing the criminal
proceedings.
3. Per contra, the learned HCGP objected the
petitions and contended that the police have obtained the
permission and after investigation, filed the charge sheet
for the offence punishable under Section 420 of IPC and
question of obtaining permission under Section 155 of
Cr.P.C does not arise. Therefore, prayed to reject these
petitions.
- 24 -
CRL.P No. 1715 of 2023
C/W CRL.P No. 1283 of 2023
CRL.P No. 1289 of 2023
CRL.P No. 1667 of 2023
CRL.P No. 1714 of 2023
CRL.P No. 1716 of 2023
CRL.P No. 1717 of 2023
CRL.P No. 1943 of 2023
CRL.P No. 1973 of 2023
CRL.P No. 1981 of 2023
CRL.P.NO.2537 OF 2023
4. Having heard the arguments and perused the
records and also judgment passed by the Co-ordinate
Bench of this Court in the case of VAGGEPPA
GURULINGA JANGALIGI (JANGALIGI) VS. THE STATE
OF KARNATAKA reported in ILR 2020 KAR 630,
wherein the Co-ordinate Bench of this Court has held that
when non-cognizable offences are made out on the
information, the police required to register NCR and
thereafter, the informant should approach the learned
Magistrate under Section 155(1) of Cr.P.C. The learned
Magistrate is required to open the order sheet and after
application of mind, the learned Magistrate is required to
grant permission to the police to investigate the case by
registering the FIR as per Section 155(2) of Cr.P.C and
subsequent to the police investigate the matter and file
the charge sheet.
- 25 -
CRL.P No. 1715 of 2023
C/W CRL.P No. 1283 of 2023
CRL.P No. 1289 of 2023
CRL.P No. 1667 of 2023
CRL.P No. 1714 of 2023
CRL.P No. 1716 of 2023
CRL.P No. 1717 of 2023
CRL.P No. 1943 of 2023
CRL.P No. 1973 of 2023
CRL.P No. 1981 of 2023
CRL.P.NO.2537 OF 2023
5. Relevant observation made by the Co-ordinate
Bench of this Court in the case of Vaggeppa (supra) at
paragraph No.20 is extracted hereunder:-
"20. Therefore, under Rule I, the
Magistrate shall endorse on the report whether
the same has been received by post or
muddam. Under Rule 2, the Magistrate has to
specify in his order the rank and designation of
the police officer or the police officer by whom
the investigation shall be conducted.
Considering the mandatory requirement of
Section 155(1) and (2) of Cr.P.C. and Rule 1
and 2 of Chapter V of the Karnataka Criminal
Rules Practice, this Court proceed to laid down
the following guidelines for the benefit of the
judicial Magistrate working in the State.
i) The Jurisdictional Magistrates shall stop
hereafter making endorsement as 'permitted' on
the police requisition itself. Such an
endorsement is not an order in the eyes of law
- 26 -
CRL.P No. 1715 of 2023
C/W CRL.P No. 1283 of 2023
CRL.P No. 1289 of 2023
CRL.P No. 1667 of 2023
CRL.P No. 1714 of 2023
CRL.P No. 1716 of 2023
CRL.P No. 1717 of 2023
CRL.P No. 1943 of 2023
CRL.P No. 1973 of 2023
CRL.P No. 1981 of 2023
CRL.P.NO.2537 OF 2023
and as mandated under Section 155(2) of
Cr.P.C.
ii) When the requisition is submitted by
the informant to the Jurisdictional Magistrate,
he should make an endorsement on it as to how
it was received, either by post or by Muddam
and direct the office to place it before him with
a separate order sheet. No order should be
passed on the requisition itself. The said order
sheet should be continued for further
proceedings in the case.
iii) When the requisition is submitted to
the Jurisdictional Magistrate, he has to first
examine whether the SHO of the police station
has referred the informant to him with such
requisition.
iv) The Jurisdictional Magistrate should
examine the contents of the requisition with
his/her judicious mind and record finding as to
whether it is a fit case to be investigated. If the
Magistrate finds that it is not a fit case to
- 27 -
CRL.P No. 1715 of 2023
C/W CRL.P No. 1283 of 2023
CRL.P No. 1289 of 2023
CRL.P No. 1667 of 2023
CRL.P No. 1714 of 2023
CRL.P No. 1716 of 2023
CRL.P No. 1717 of 2023
CRL.P No. 1943 of 2023
CRL.P No. 1973 of 2023
CRL.P No. 1981 of 2023
CRL.P.NO.2537 OF 2023
investigate, he/she shall reject the prayer made
in the requisition. Only after his/her subjective
satisfaction that there is a ground to permit the
police officer to take up the investigation,
he/she shall record a finding to that effect
permitting the police officer to investigate the
non- cognizable offence.
v) In case the Magistrate passes the
orders permitting the investigation, he/she shall
specify the rank and designation of the Police
Officer who has to investigate the case, who
shall be other than informant or the
complainant."
6. On perusal of the records, in these cases, wherein
Criminal Petition No.1715/2023, the police have obtained
permission, but it is not in accordance with law, where the
informant has not approached the police, but referred to
the Magistrate. The Magistrate, without application of
mind, granted permission. Therefore, the permission
- 28 -
CRL.P No. 1715 of 2023
C/W CRL.P No. 1283 of 2023
CRL.P No. 1289 of 2023
CRL.P No. 1667 of 2023
CRL.P No. 1714 of 2023
CRL.P No. 1716 of 2023
CRL.P No. 1717 of 2023
CRL.P No. 1943 of 2023
CRL.P No. 1973 of 2023
CRL.P No. 1981 of 2023
CRL.P.NO.2537 OF 2023
cannot be considered in the eye of law under Section 155
of Cr.P.C. Therefore, C.C.No.1025/2019 is not sustainable
in the eye of law and is liable to be quashed.
7. In Criminal Petition No.1283/2023, where the
police have not obtained any permission in registering the
FIR in Crime No.72/2022. Therefore, C.C.No.620/2022 is
not sustainable in view of non obtaining permission and is
liable to be quashed.
8. In Criminal Petition No.1289/2023, wherein the
police have not obtained any permission, but, they have
directly registered the FIR and filed charge sheet.
Therefore, the Criminal Petition in C.C.No.579/2022 is not
sustainable in the eye of law and is liable to be quashed.
9. In Criminal Petition No.1667/2023, where the
police sent the requisition, but the permission granted by
- 29 -
CRL.P No. 1715 of 2023
C/W CRL.P No. 1283 of 2023
CRL.P No. 1289 of 2023
CRL.P No. 1667 of 2023
CRL.P No. 1714 of 2023
CRL.P No. 1716 of 2023
CRL.P No. 1717 of 2023
CRL.P No. 1943 of 2023
CRL.P No. 1973 of 2023
CRL.P No. 1981 of 2023
CRL.P.NO.2537 OF 2023
the learned Magistrate is without proper application of
mind, where the informant not approached the Magistrate,
therefore, the permission granted is not sustainable in the
eye of law. Therefore, the C.C.No.974/2020 is not
sustainable in the eye of law and is liable to be quashed.
10. In Criminal Petition No.1714/2023, wherein the
complainant has not approached the learned Magistrate to
register the complaint for obtaining permission, but the
police got obtained permission for registering the FIR.
Therefore, there is a violation of the guidelines. Hence,
C.C.No.236/2020 is not maintainable in the eye of law and
is liable to be quashed.
11. In Criminal Petition No.1716/2023, wherein the
police have invoked under Section 420 of IPC, but there is
no witness stated that the petitioners have cheated the
- 30 -
CRL.P No. 1715 of 2023
C/W CRL.P No. 1283 of 2023
CRL.P No. 1289 of 2023
CRL.P No. 1667 of 2023
CRL.P No. 1714 of 2023
CRL.P No. 1716 of 2023
CRL.P No. 1717 of 2023
CRL.P No. 1943 of 2023
CRL.P No. 1973 of 2023
CRL.P No. 1981 of 2023
CRL.P.NO.2537 OF 2023
general public and in that regard, there is no complaint
from the general public. Such being the case, the police
have purposely inserted under Section 420 of IPC along
with 78 of K.P Act in order to avoid obtain permission from
the Court. Therefore, C.C.No.1740/2021 is not sustainable
in the eye of law and is liable to be quashed.
12. In Criminal Petition No.1717/2023, where the
police have not obtained any permission for registering the
FIR and therefore, the C.C.No.27/2022 is not sustainable
in the eye of law and is liable to be quashed.
13. In Criminal Petition No.1943/2023, wherein the
police have registered case without obtaining permission
by inserting Section 420 of IPC, where there is no
complaint received by general public for having cheated
the general public against this petitioner, who is arrayed
- 31 -
CRL.P No. 1715 of 2023
C/W CRL.P No. 1283 of 2023
CRL.P No. 1289 of 2023
CRL.P No. 1667 of 2023
CRL.P No. 1714 of 2023
CRL.P No. 1716 of 2023
CRL.P No. 1717 of 2023
CRL.P No. 1943 of 2023
CRL.P No. 1973 of 2023
CRL.P No. 1981 of 2023
CRL.P.NO.2537 OF 2023
as accused No.2. The police, in order to avoid the
permission under Section 155 of Cr.P.C, have directly
registered the FIR, which is not sustainable in the eye of
law and is liable to be quashed.
14. In Criminal Petition No.1973/2023, the police
permission has been granted by the learned Magistrate on
the requisition, where informant not approached the
learned Magistrate for obtaining permission under Section
155(1) of Cr.P.C, where he has sent WHC No.58/2022,
but, informant not approached the learned Magistrate for
obtaining permission. Therefore, the learned Magistrate
also just endorsed the word "permitted" without
application of mind. Therefore, the proceeding is not
sustainable and is liable to be quashed.
- 32 -
CRL.P No. 1715 of 2023
C/W CRL.P No. 1283 of 2023
CRL.P No. 1289 of 2023
CRL.P No. 1667 of 2023
CRL.P No. 1714 of 2023
CRL.P No. 1716 of 2023
CRL.P No. 1717 of 2023
CRL.P No. 1943 of 2023
CRL.P No. 1973 of 2023
CRL.P No. 1981 of 2023
CRL.P.NO.2537 OF 2023
15. In Criminal Petition No.1981/2023, where the
police have not obtained permission to register the FIR
and filed the charge sheet, which is not sustainable in the
eye of law and is liable to be quashed.
16. In Criminal Petition No.2537/2023, where Kote
Police have registered the FIR, Informant sent Court PC for
obtaining permission and also the learned Magistrate
without noticing order sheet endorsed on the requisition
by giving permission to register the FIR, which is not
sustainable in the eye of law and same is contrary to the
mandate under Section 155(2) of the Act and against the
judgment in the case of Vaggeppa (Supra) passed by
the Co-ordinate Bench of this Court.
17. In view of the said observations, the police,
without obtaining the permission, have registered the FIR
- 33 -
CRL.P No. 1715 of 2023
C/W CRL.P No. 1283 of 2023
CRL.P No. 1289 of 2023
CRL.P No. 1667 of 2023
CRL.P No. 1714 of 2023
CRL.P No. 1716 of 2023
CRL.P No. 1717 of 2023
CRL.P No. 1943 of 2023
CRL.P No. 1973 of 2023
CRL.P No. 1981 of 2023
CRL.P.NO.2537 OF 2023
and the Trial Court, without application of mind, granted
permission and without perusing the order sheet and
making substance of information as regards granting
permission, which is not in accordance with law as per the
judgment passed by the Co-ordinate Bench of this Court.
Therefore, these criminal petitions are allowed and
criminal proceedings pending in all the above said cases
are hereby quashed.
All pending interlocutory applications, if any, are also
disposed off.
The cash and other materials seized by the police are
hereby confiscated to the State.
SD/-
JUDGE
NBM
