Karnataka High Court
Karigowda L K vs The State Of Karnataka on 6 October, 2023
Bench: M.Nagaprasanna
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NC: 2023:KHC:36347
CRL.P No. 7484 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF OCTOBER 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 7484 OF 2023
BETWEEN:
1. KARIGOWDA L.K.(KAREGOWDA L.K.)
S/O KENCHAPPA, AGED ABOUT 54 YEARS,
OCC. FARMER, R/AT. SHEKHARAPPA BADAVANE,
AVARAGERE, DAVANAGERE-577004.
2. MALLIKARUJUN S.S.
S/O SHAMNUR SHIVASHANKRAPPA,
AGED ABOUT 55 YEARS, OCC. MLA (SITTING),
R/O. MCC, B BLOCK, DAVANAGERE-577004.
... PETITIONERS
(BY SMT. POOJA KATTIMANI &
SRI. DINESHKUMAR RAO K., ADVOCATES)
AND:
1. THE STATE OF KARNATAKA,
BY RMC YARD, POLICE STATION,
Digitally
DAVANAGERE-577004,
signed by
VISHAL R/BY PUBLIC PROSECUTOR,
VISHAL NINGAPPA
NINGAPPA PATTIHAL
PATTIHAL Date:
HIGH COURT BUILDING,
2023.10.11
11:25:21
+0530
BENGALURU-560001.
2. S. SUNANDA, S/O NOT KNOWN,
AGED ABOUT 56 YEARS,
OCC. REVENUE OFFICER,
R/AT. MCC TEAM IMPLEMENT OFFICER,
16, DAVANAGERE NORTH,
CONSTITUENCY, DAVANAGERE-577004.
... RESPONDENTS
(BY SMT. YASHODHA K.P., HCGP)
THIS CRL.P FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE
PETITIONER PRAYING TO QUASH THE ENTIRE CRIMINAL CASE
AGAINST THE PETITIONERS IN C.C.NO.2197/2023 PENDING ON THE
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NC: 2023:KHC:36347
CRL.P No. 7484 of 2023
FILE OF III ADDITIONAL CIVIL JUDGE AND J.M.F.C., DAVANAGERE
(CHARGE SHEETED FOR THE OFFENCE P/U/S 171(E) OF IPC).
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
1. The petitioners are before this Court calling in
question the proceedings in CC No.2197/2023 registered for
the offence punishable under Section 171-E of the Indian
Penal Code.
2. The learned counsel for the petitioners would
submit that qua other accused in another complaint on the
same set of facts of storing certain material at the time of
election, this Court has quashed the proceedings in Criminal
Petition No.3907/2023. This Court has held as follows:
3. Facts, in brief, germane are as follows:-
A complaint comes to be registered on 28-03-2023
alleging that at about 7.45 p.m., the Assistant Revenue
Officer of Davangere City Corporation was in receipt of a
telephone call which informs the complainant that some
persons are distributing cookware items to the houses at
Bhagat Singh area, Davangere. The Police gather near the
place and go behind the temple to find one Bolero city
pick up vehicle and a person being stationed there was
distributing cookware items in carton boxes to houses in
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CRL.P No. 7484 of 2023
public. He was apprehended and also vehicle comes to be
seized. Since carton boxes and the gift set that was in the
carton boxes did bear the name 'SS' it is alleged that
carton boxes were distributed at the behest of the
petitioner in violation of Code of Conduct during the time
of election. It is, therefore, the crime comes to be
registered against the petitioner and others for offence
punishable under Section 171E of the IPC. The
registration of crime is what drives the petitioners to this
Court in the subject petition.
4. The learned counsel appearing for the petitioners
would contend that the crime so alleged under Section
171E of the IPC is a non-cognizable offence and for a
non-cognizable offence permission of the learned
Magistrate is imperative. It is his contention that
communication to the learned Magistrate was on 29-03-
2023 before which crime had already been registered on
28-03-2023 which would mean that it was registered
without the permission of the learned Magistrate.
5. The learned High Court Government Pleader on
verification of records would seek to contend that
permission was granted on 28-03-2023 itself before
registration of the crime and, therefore, the said ground is
unavailable to the petitioners.
6. The learned counsel appearing for the petitioners
would then contend that the Code of Conduct during the
election was notified on 30th March 2023 and, therefore,
the seizure could not have been done on 28-03-2023.
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CRL.P No. 7484 of 2023
This is apart from the fact that the crime has been
registered without the permission of the learned
Magistrate. She would seek obliteration of the crime.
7. I have given my anxious consideration to the
submissions made by the respective learned counsel and
have perused the material on record.
8. The afore-narrated facts are not in dispute. The
issue lies in a narrow compass. The offence under Section
171E of the IPC is non-cognizable and permission of the
learned Magistrate under Section 155(2) of the Cr.P.C is
imperative. The requisition for permission is sent on 29-
03-2023 and on the said requisition, the learned
Magistrate endorses permission being granted. The
endorsement clearly indicates that it is on 29-03-2023, by
then the crime itself had been registered on 28-03-2023.
Therefore, the registration of crime for a non-cognizable
offence is before the permission of the learned Magistrate
even. The registration would thus become unsustainable
as permission has to precede registration of crime and not
the other way round.
9. The other submission with regard to announcement
of Code of Conduct and seizure made need not be gone
into as the very registration of crime is held to be illegal.
10. For the aforesaid reasons, I pass the following:
ORDER
(i) Criminal petition is allowed.
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CRL.P No. 7484 of 2023
(ii) FIR in Crime No.72 of 2023 of KTJ Nagar Police
Station and pending before the III Additional Civil
Judge and JMFC, Davangere stands quashed.
4. The learned High Court Government Pleader
would not dispute the position of law as is considered in the
judgment rendered in Criminal Petition
No.3907/2023(supra).
5. For the very reasons rendered therein, the
subject petition deserves to succeed.
6. For the aforesaid reasons, the following
ORDER
i. The petition is allowed.
ii. The proceedings in CC No.2197/2023 pending on
the file of the learned III Additional Civil Judge
and JMFC, Davanagere, stand quashed qua the
petitioners.
Sd/-
JUDGE
kmv
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