Karnataka High Court
Shri.Prakash S/O Jangli Aliyas ... vs The State Of Karnataka on 23 May, 2024
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NC: 2024:KHC-D:6980
CRL.P No. 101497 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 23RD DAY OF MAY, 2024
BEFORE
THE HON'BLE MR JUSTICE C M JOSHI
CRIMINAL PETITION NO. 101497 OF 2024
BETWEEN:
SHRI. PRAKASH
S/O JANGLI @ JAISINGH GADAGWALE @ GOULI,
AGE. 41 YEARS, OCC. PRIVATE WORK,
R/O. GANESH NAGAR, HALIYAL ROAD,
DIST. DHARWAD-580003.
... PETITIONER
(BY SRI. MAQBOOLAHAMED M. PATIL, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
THROUGH POLICE INSPECTOR,
DHARWAD SUB-URBAN POLICE STATION,
R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD-580011.
... RESPONDENT
Digitally signed
by VINAYAKA
BV
(BY SMT. GIRIJA S. HIREMATH, HCGP)
Location: HIGH
COURT OF
VINAYAKA KARNATAKA
BV DHARWAD
BENCH
Date: THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.
2024.05.23
14:31:53
+0530
SEEKING TO QUASHING THE ENTIRE PROCEEDINGS INITIATED
AGAINST ACCUSED/PETITIONER IN CC NO.391/2019 WHICH IS
PENDING ON THE FILE OF HON'BLE PRINCIPAL CIVIL JUDGE AND
JMFC, COURT, DHARWAD FOR THE OFFENCE P/U/SEC. 78(3) OF KP
ACT (DHARWAD SUB-URBAN P.S. CRIME NO.112/2018), IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2024:KHC-D:6980
CRL.P No. 101497 of 2024
ORDER
It is submitted that the offence alleged against the
petitioner is under Section 78(3) of Karnataka Police Act,
which is a non cognizable offence and as such permission
of the learned Magistrate is necessary for investigation
under Section 155 of Cr.P.C. It is submitted that order of
the learned Magistrate on the application of the
Investigation Officer dated 04.10.2018 is not a speaking
order and there is nothing on record to show that learned
Magistrate has applied his mind to the application. It is
submitted that the non speaking order of the learned
Magistrate is not sustainable in view of the observations of
this Court in the case of Vaggeppa Gurulinga Jangaligi
Vs State of Karnataka reported in (2020 1 KCCR
371).
2. A perusal of the order of the learned Magistrate
dated 04.10.2018 would show that it is not a speaking
order.
NC: 2024:KHC-D:6980
3. In number of decisions, this Court has observed
that grant of permission to investigate a non-cognizable
case needs to be on application of mind by the learned
Magistrate. The perusal of the order of the learned
Magistrate dated 04.10.2018 would show that the
following order was passed.
"Permitted".
4. Evidently, the above order is without application
of mind to the contents of the application. It does not
reflect that the learned Magistrate has applied his mind
that it is a non-cognizable case and needs permission
under Section 155(2) of Cr.P.C. The judgment of this
Court in the case cited supra is based on several decisions
and detailed guidelines as to how the permission has to be
granted under Section 155(2) Cr.P.C for the investigation
are narrated. Therefore, continuance of the proceedings in
C.C.No.391/2019 pending on the file of Prl. Civil Judge and
JMFC, Dharwad for the offence punishable under Section
78(3) of K.P. Act (Sub-Urban PS Crime No.112/2018)
NC: 2024:KHC-D:6980
would be in violation of the requirement of law and the
very initiation of the proceedings is not sustainable.
5. Hence, the proceedings in C.C.No.391/2019
pending on the file of the Prl. Civil Judge and JMFC,
Dharwad, are hereby quashed.
Sd/-
JUDGE
RKM
CT:BCK
