Sri. Lingaihswamy S/O Shankmukhaiah ... vs The State Of Karnataka
2024 Latest Caselaw 4960 Kant

Karnataka High Court

Sri. Lingaihswamy S/O Shankmukhaiah ... vs The State Of Karnataka on 19 February, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

                                                    -1-
                                                           NC: 2024:KHC-D:3935
                                                           CRL.P No. 100768 of 2023




                                 IN THE HIGH COURT OF KARNATAKA,
                                          DHARWAD BENCH

                             DATED THIS THE 19TH DAY OF FEBRUARY, 2024

                                                  BEFORE

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

                                 CRIMINAL PETITION NO. 100768 OF 2023

                      BETWEEN:

                      1.   SRI LINGAIHSWAMY
                           S/O SHANKMUKHAIAH SWAMY
                           AGE. 30 YEARS, OCC. FARMER,
                           R/O. UTTANAURU VILLAGE,
                           TQ. SIRUGUPPA, DIST. BALLARI 583101.

                      2.   SRI ERRISWAMY K S/O MALLIKARUNA
                           AGE. 48 YEARS, OCC. FARMER,
                           R/O. MATASGURU VILLAGE,
                           TQ. SIRUGUPPA, DIST. BALLARI 583101.
                                                                      ...PETITIONERS
                      (BY SRI. B.C JNANAYYA SWAMI, ADVOCATE)

                      AND:

MANJANNA                   THE STATE OF KARNATAKA
E
                           REP BY ITS SPP,
Digitally signed by
MANJANNA E                 HIGH COURT OF KARNATAKA,
Date: 2024.02.22
14:22:34 +0530             BENCH, DHARWAD 580001.
                           (THROUGH SIRIGERI P.S)
                                                                      ...RESPONDENT
                      (BY SRI P.N. HATTI, HCGP)

                            THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.
                      SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.
                      324/2015 LEARNED CIVIL JUDGE AND JMFC SIRUGUPPA, (ARISING
                      OUT OF CRIME NO. 30/2015 REGISTERED SIRIGERI P.S.) FOR AN
                      OFFENCE P/U/SEC. 78(3) OF KARNATAKA POLICE ACT 1963, BY
                      ALLOWING THE CRIMINAL PETITION IN SO FOR AS THIS
                      PETITIONER IS CONCERNED THE INTEREST OF JUSTICE.
                              -2-
                                   NC: 2024:KHC-D:3935
                                   CRL.P No. 100768 of 2023




    THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:

                          ORDER

1. This petition is filed challenging the proceedings

initiated against the petitioner for offence punishable

under Section 78(III) of the Karnataka Police Act, 1963.

2. The material on record reveals that, the Police

Inspector, Sirigeri Police Station, has conducted the raid

on a credible information regarding some persons were

playing Mataka on 12.03.2015 at 7.00 p.m., and

registered the FIR on 12.03.2015 at 9.30 p.m.

3. Since the investigation was commenced before

obtaining the permission under Section 155(2) of Cr.P.C.,

it is obvious that the proceedings are vitiated, 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.

NC: 2024:KHC-D:3935

4. Accordingly, the criminal petition is allowed.

Consequently the proceedings initiated against the

petitioner are quashed.

Sd/-

JUDGE

EM/CT:BCK