P Markandayya S/O Raju vs The State Of Karnataka
2024 Latest Caselaw 4240 Kant

Karnataka High Court

P Markandayya S/O Raju vs The State Of Karnataka on 12 February, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

                                                     -1-
                                                           NC: 2024:KHC-D:3178
                                                           CRL.P No. 100431 of 2024




                                 IN THE HIGH COURT OF KARNATAKA,
                                          DHARWAD BENCH

                            DATED THIS THE 12TH DAY OF FEBRUARY, 2024

                                                BEFORE

                            THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA

                           CRIMINAL PETITION NO.100431 OF 2024 (482)

                      BETWEEN:

                      1.   P.MARKANDAYYA
                           S/O RAJU,AGE 45 YEARS
                           AGE : 45 YEARS,
                           OCC: AGRICULTURE,
                           R/O WARD NO.4,
                            HOSPETA ONI,
                           NEAR CHOUDAMMA TEMPEL,
                           ILKAL TALUK,
                           BAGALAKOTE DISTRICT-587101.

                      2.   AIHOLEPPA
                           S/O VANDALLI,
                           AGE: 45 YEARS,
                           OCC: AGRICULTURE,
         Digitally
         signed by
         MANJANNA
                           R/O KORADEKARA VILLAGE,
MANJANNA E
E        Date:
         2024.02.14
                           TQ: KUSTAGI,
         14:33:50
         +0530
                           DIST: KOPPAL-583231.

                      3.   BASAYYA
                           S/O SHIVAYYA GURUVIN
                           AGE: 48 YEARS,
                           OCC: AGRICULTURE,
                           R/O KORADEKARA VILLA,
                           TQ: KOPPAL
                           DIST: KOPPAL-583231.

                      4.   VITTAL S/O VIRAPAXAPPA
                           AGE: AGE: 56 YEARS,
                           OCC: AGRICULTURE,
                                -2-
                                     NC: 2024:KHC-D:3178
                                     CRL.P No. 100431 of 2024




     R/O 4TH WARD, HOSAPET GALLI,
     ILKAL TALUK,
     BAGALAKOTE DISTRICT-587101.

5.   GIREESH B.JOSHI
     AGE: 50 YEARS,
     OCC: AGRICULTURE
     R/O NEAR PILLE HOTEL,
     MUNIRABAD
     KOPPAL DISTRICT 583231.

                                                ...PETITIONERS

(BY SRI SANTOSH B MALLIGAWAD, ADVOCATE)

AND:

THE STATE OF KARNATAKA
DHARWAD RURAL POLICE STATION,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD.

                                                ...RESPONDENT

(BY SRI P.N.HATTI,HCGP)

       THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,

SEEKING TO QUASH THE ORDER DATED 23.04.2019 PASSED BY THE

ADDL.CIVIL JUDGE AND JMFC, KOPPAL IN C.C.NO.29/2019 WHEREIN

LEARNED MAGISTRATE HAS TAKEN COGNIZANCE WITH RESPECT TO

OFFENCE PUNISHABLE U/S 79 AND 80 OF KARNATAKA POLICE ACT

WITH RESPECT TO MUNIRABAD PS CRIME NO.232/2017 WITH

RESPECT TO ACCUSED NO.49, 29, 11, 43 AND 52 ARE CONCERNED.



       THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE

COURT MADE THE FOLLOWING:
                                       -3-
                                             NC: 2024:KHC-D:3178
                                             CRL.P No. 100431 of 2024




                                     ORDER

1. It is not in dispute that in respect of the

other accused in the same crime, this Court in

Crl.P.No.102476/2017, has quashed the proceedings

on the ground that the mandatory requirement of

seeking permission of the Magistrate under Section

155(2) of Cr.P.C, had not been obtained.

2. In view of the said judgment, the

proceedings initiated against the present petitioners

can also not be sustained and accordingly they are

quashed.

The Criminal petition is accordingly allowed.

Sd/-

JUDGE EM