Parameshwar S/O Shankreppa Kale vs The State Of Karnataka
2024 Latest Caselaw 4356 Kant

Karnataka High Court

Parameshwar S/O Shankreppa Kale vs The State Of Karnataka on 13 February, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

                                                   -1-
                                                         NC: 2024:KHC-D:3248
                                                         CRL.P No. 100474 of 2024




                                  IN THE HIGH COURT OF KARNATAKA,
                                          DHARWAD BENCH
                            DATED THIS THE 13TH DAY OF FEBRUARY, 2024
                                                BEFORE
                             THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA
                               CRIMINAL PETITION NO. 100474 OF 2024
                      BETWEEN:
                      PARAMESHWAR S/O SHANKREPPA KALE,
                      AGE. 45 YEARS, OCC. BUSINESS,
                      R/O . AT/PO. SHIVALLI,
                      TQ. & DIST. DHARWAD.
                                                                    ... PETITIONER
                      (BY    SHRI. ANAND D. BAGEWADI, ADVOCATE)

                      AND:

                      THE STATE OF KARNATAKA,
                      THROUGH DHARWAD RUAL POLICE STATION,
                      R/BY PUBLIC PROSECUTOR,
                      KARNATAKA HIGH COURT,
                      DHARWAD BENCH, DHARWAD.
                                                                  ... RESPONDENT
                      (BY    SRI. P.N. HATTI, HCGP FOR R1)

         Digitally
         signed by
                             THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF
         MANJANNA
MANJANNA E
E        Date:
         2024.02.17
         10:55:18
                      CR.P.C. SEEKING TO SET ASIDE THE ORDER OF COGNIZANCE
         +0530


                      DATED 28.03.2022 ON THE FILE OF II ADDL. CIVIL JUDGE AND
                      JMFC II DHARWAD IN C.C.NO.551/2022 FOR THE OFFENCES
                      P/U/SEC.126 OF REPRESENTATIVE OF PEOPLES ACT 1950,
                      1951, 1989, IN THE INTEREST OF JUSTICE.


                             THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
                      THE COURT MADE THE FOLLOWING:
                             -2-
                                  NC: 2024:KHC-D:3248
                                  CRL.P No. 100474 of 2024




                          ORDER

1. This petition is filed challenging the entire

proceedings on the ground that the order permitting

investigation by the learned Magistrate under Section

155(2) of the Code of Criminal Procedure ("Cr.P.C." for

short) is void, in view of the judgment rendered by this

Court in the case of Vaggeppa Gurulingappa Jangaligi

Vs. The State of Karnataka in Crl.P.No.101997/2019

disposed of on 10.12.2019.

2. In the above mentioned case, this Court has

taken the view that, the Magistrate's permission granted

on the ground that he had "perused the requisition", would

not be sufficient and certain guidelines have also been

made as to the manner in which the Magistrates are

required to consider the request for grant of permission

under 155(2) of Cr.P.C.

3. In the light of the fact that, in the instant case

also the Magistrate has merely perused and permitted to

NC: 2024:KHC-D:3248

investigate. The said order cannot be sustained in the light

of the aforementioned judgment.

4. Consequently, the proceedings are vitiated

cannot be sustained and accordingly the same is quashed.

The criminal petition is allowed.

Sd/-

JUDGE

EM/CT:BCK