Sri Mykhan S/O. Haji Hajarath Bee vs The State Of Karnataka
2024 Latest Caselaw 4965 Kant

Karnataka High Court

Sri Mykhan S/O. Haji Hajarath Bee vs The State Of Karnataka on 19 February, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

                                                -1-
                                                        NC: 2024:KHC-D:3939
                                                        CRL.P No. 103427 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.103427 OF 2023

                   BETWEEN:

                   SRI. MYKHAN S/O. HAJI HAJARATH BEE
                   AGE: 45 YEARS, OCC: BUSINESSMAN,
                   R/O: SINDANURU ROAD,
                   SIRUGUPPA TOWN, BALLARI-583121.
                                                                    ...PETITIONER
                   (BY SRI B.C.JNANAYYASWAMI, ADVOCATE)

                   AND:

                   THE STATE OF KARNATAKA
                   REP. BY ITS SPP,
                   HIGH COURT OF KARNATAKA,
                   BENCH, DHARWAD-580001.
                   (THROUGH SIRUGUPPA P.S).
                                                                   ...RESPONDENT
MANJANNA           (BY SRI.P.N.HATTI, HCGP)
E
Digitally signed
by MANJANNA E             THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
Date: 2024.02.22
14:27:10 +0530
                   SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN CC NO.783/2015
                   CIVIL JUDGE AND JMFC, SIRUGUPPA, BALLARI (ARISING OUT OF
                   CRIME   NO.116/2015   REGISTERED   SIRUGUPPA   P.S.)   FOR   AN
                   OFFENCE PUNISHABLE U/S 78(3) OF KARNATAKA POLICE ACT 1963
                   BY ALLOWING THE CRIMINAL PETITION IN SO FOR AS THIS
                   PETITIONER IS CONCERNED.


                          THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS
                   DAY, THE COURT MADE THE FOLLOWING:
                             -2-
                                  NC: 2024:KHC-D:3939
                                  CRL.P No. 103427 of 2023




                         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

Sub-Inspector, Siruguppa Police Station, while patrolling

duty has conducted the raid as some persons were playing

Mataka on 12.03.2015 at 4.00 p.m., and registered the

FIR on 02.07.2015 at 6.30 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:3939

4. Accordingly, the criminal petition is allowed.

Consequently the proceedings initiated against the

petitioner are quashed.

Sd/-

JUDGE EM/CT:BCK